LAXMI KANT PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Cri. M. P . No. 3141/86. This application has been filed by the Indian Council for Child Welfare for obtaining a direction that when it is required to act as a scrutinising agency by the Court, a certain amount should be directed to be paid to it for the scrutinising services rendered by it, since the scrutinising services would require employment of staff and other necessary expenditure. Though this application is made only by the Indian Council for Child Welfare, we apprehend that all other scrutinising agencies must also be facing the same difficulty. We would therefore direct that when the Court makes an order appointing a foreign parent as guardian of a child with a view to its eventual adoption in the foreign country, the Court will provide that such amount shall be paid to the scrutinising agency for its services as the Court thinks reasonable, having regard to the nature of the case and the extent and volume of the services rendered by the scrutinising agency. We think that in the case of an application for appointment of a foreign parent as guardian of a child the Court would be justified in directing payment of any reasonable amount varying between Rs. 450/- and Rs. 500/- but in appropriate cases where the Court so thinks fit, such amount may even exceed Rs. 500/-. This amount shall be directed to be paid to the scrutinising agency by the recognised placement agency which has processed the application of the foreign parent for being appointed guardian of the child with a view to its eventual adoption and such placement agency shall have the right to recover such amount from the foreign parent whose application for guardianship it has processed. This direction will also apply mutatis mutandis in cases where an Indian parent makes an application for appointing himself or herself as guardian of a child or a Hindu parent applies for permission to adopt a child under S. 9, sub-s. (4) of the Hindu Adoptions and Maintenance Act, 1956 and the case is referred to a scrutinising agency by the Court, but in such cases the amount to be fixed by the Court for meeting the expenses of the scrutinising agency shall not exceed Rs. 150/-. Both in the case of an application on behalf of a foreign parent as also in the case of an application on behalf of an Indian or Hindu parent, a copy of the order made by the Court appointing the scrutinising agency shall be supplied to the scrutinising agency immediately after the order is made, together with the papers and documents submitted to the Court in support the application for appointment of guardian or for permission to adopt.

(2.) This application has been made by the petitioner since according to the petitioner there have been instances of illegal sales of babies. We may point out that by its very nature it is not possible to devise a fool-proof formula which will in all cases prevent illegal sales of babies but a procedure can and must be formulated which will definitely reduce the possibility of such illegal sales. With this end in view, we would direct that all nursing homes and hospitals which come across abandoned or destitute children or find such children abandoned in their pre-points or otherwise shall immediately give information in regard to the discovery or find of such children to the Social Welfare Department of the concerned Government where such nursing homes or hospitals are situate in the capital of the State and in other cases to the Collector of the District and. copies of such intimation will also be sent to the Foster Care Home where there is such a home run by the Government as also to the recognised placement agencies functioning in the city or town where such nursing homes or hospitals are situate. The Social Welfare Department as also the Collector of the District will take care to ensure that this direction given by us is followed by the nursing homes and hospitals within their jurisdiction and if necessary intimation in regard to the discovery or find of abandoned or destitute children, if not sent by any particular nursing homes or hospitals to the Foster Care Home and the recognised placement agencies shall be forwarded to them by the Social Welfare Department and the Collector of the District.

(3.) The Foster Care Home run by the Government as also the recognised placement agencies in the capital of the State or in the District will also exchange with one another information regarding Indian parents who wish to take children in adoption so that the Foster Care Home as also each recognised placement agency will have a consolidated list of such Indian parents. Each Indian parent who is registered with the Foster Care Home or a recognised placement agency as a prospective parent wishing to take a child in adoption and who has been informed by the recognised placement agency that a child is available for adoption will be entitled to information about all the children available for adoption in the group specified by him, according to the consolidated list maintained by the recognised placement agency.