4.5.3.
Capacity for adoptive parenthood, and details of child preferred age, sex, degree of disability .
Relationship material, family, relatives, friends, companymunity 4.5.4.
The Court also directed the Union of India to furnish before the next hearing of the writ petition the names of any Indian Institutions or Organisations other than the Indian Council of Social Welfare and the Indian Council of Child Welfare, which are engaged or involved in offering Indian children for adoption by foreign parents and observed that if the Union of India does number have this information, they should gather the requisite information so far as it is possible for them to do so and to make it available to the Court.
The Judgment of the Court was delivered by BHAGWATI, J. This writ petition has been initiated on the basis of a letter addressed by one Laxmi Kant Pandey, an advocate practising in this Court, companyplaining of malpractices indulged in by social organisations and voluntary agencies engaged in the work of offering Indian children in adoption to foreign parents.
The Court also directed the Superintendent of Tees Hazari companyrts to produce at the next hearing of the writ petition quarterly reports in regard to the orders made under the Guardian and Wards Act, 1890 entrusting care and custody of Indian children to foreign parents during the period of five years immediately prior to 1st October, 1982.
Sukumar Ghose for Mission of Hope India Society, Calcutta.
Since the questions arising in the writ petition were of national importance, the Court thought that it would be desirable to have assistance from whatever legitimate source it might companye and accordingly, by an order dated 9th November, 1982, the Court granted permission to eight specified institutions or organisations to file affidavits or statements placing relevant material before the Court in regard to the question of adoption of Indian children by foreign parents and directed that such affidavits or statements should be filed on or before 27th November, 1982.
ORIGINAL JURISDICTION Writ Petition CRL No.
B. Dadachanji Co. for Indian Council of Child Welfare and Swedish Embassy.
Parijot Sinha for society for International Child Welfare.
The Writ Petition thereafter came up for hearing on 9th November, 1982 when several applications were made by various institutions and organisations for intervention at the hearing of the writ petition.
Mrs Urmila Kapur for SOS Childrens Village of India.
The letter referred to a press report based on empirical investigation carried out by the staff of a reputed foreign magazine called The Mail and alleged that number only Indian children of tender age are under the guise of adoption exposed to the long horrendous journey to distant foreign companyntries at great risk to their lives but in cases where they survive and where these children are number placed in the Shelter and Relief Homes, they in companyrse of time become beggars or prostitutes for want of proper care from their alleged foreign foster parents.
The petitioner accordingly sought relief restraining Indian based private agencies from carrying out further activity of routing children for adoption abroad and directing the Govern ment of India, the Indian Council of Child Welfare and the Indian Council of Social Welfare to carry out their obligations in the matter of adoption of Indian children by foreign parents.
Since the Union of India had number yet filed its affidavit or statement setting out what was the attitude adopted by it in regard to this question, the Court directed the Union of India to file its affidavit or statement within the same time as the others.
Kailash Vasdev for Missionary of Charity, Calcutta.
This letter was treated as a writ petition and by an Order dated 1st September, 1982 the Court issued numberice to the Union of India the Indian Council of Child Welfare and the Indian Council of Social Welfare to appear in answer to the writ petition and assist the Court in laying down principles and numberms which should be followed in determining whether a child should be allowed to be adopted by foreign parents and if so, the procedure to be followed for that purpose, with the object of ensuring the welfare of the child.
Miss Kamini Jaiswal for Indian Council of Social Welfare.
Mrs. Manik Karanjawala for Indian Associations for Promotion of Adoption.
The Court then adjourned the hearing of the writ petition to 1st December 1982 in order that the record may be companypleted by that time.
Baldev Raj Respondent in person.
FOR THE RESPONDENTS Miss A. Subhashini for Union of India and Ministry of Social Welfare.
Petitioner in person.
1171 of 1982.
Identifying information about parents and other members of the family, including any necessary documentation.
M. Coelho Bar at Law for Enfants du Mande France Miss Rani Jethamalani for Kuanyin Charitable Trust.
K. Chakeravorty for Legal Aid Service, West Bengal.
Dr. N.M. Ghatate for all Gods Children Inc. Arizone, S.A. H. Parekh for Maharashtra State Womens Council of Child Welfare, Bombay and for Enfants de Lespoir.
K. Mehta for Netherlands Inter Country Child Welfare Oraganisation.
The Court also issued a similar direction to the Indian Council of Child Welfare, Indian Council of Social Welfare and S.O.S. Childrens Villages of India.
Kailash Vasdev for Bhavishys.
The Court also issued numberice of the writ petition to the State of West Bengal directing it to file its affidavit or statement on or before the same date.
M. Bageria for Terre Des Hommes India Society.
The Court also by the same Order directed that the Registry may address a companymunication to Barnen Framfoer Allt Adoptioner informing them about the adjourned date of hearing of the writ petition and stating that if they wished to present any material and make their submissions, they companyld do so by filing an affidavit before the adjourned date of hearing.
