LAXMI KANT PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The question of foreign adoption of Indian children has still not been legislated upon and has been left to be guided by the judgment of this Court in Lakshmi Kant Pandey Vs. Union of India 1984 (2) S.C.R. 795 . In that case this court gave certain directions in the matter of establishment of Central Adoption Resource Agency and State Level agency for promotion of adoption. The same judgment also directed preparation of a list of foreign adoption sponsoring agencies to be recognised/licensed by the Central Government and circulation thereof to the High Courts and Social and Child Welfare Agencies located at different places in the Country. There was a further direction in the said judgment that recognition of India sponsoring Agencies, organisation and institution for inter-country adoption of orphan children of India will be prepared within the time specified. Alongwith those directions, there was a direction for preparation and maintenance of the records of the adoptive parents as well as of the Indian orphans so adopted and despatch of the same to appropriate embassies and High Commissions for the purpose of follow up action and answering the well being of the adopted out children. A time-frame had been indicated in the judgment. Apart from these directions either to the State Govts. or the Central Govt. in the welfare Ministry, the High Courts were requested to make Rules on the basis of the rules prevalent in Delhi and Bombay High Court Following the main Judgment further directions in the same case were given which are reported in 1985(3) Supp. S. C. R. 71. These dealt with the recognition of representations of Foreign adoption Agencies with liberty to operate in India subject to what has been observed in the judgment. Then came another direction made in the same case between the parties which is reported in 1987(1) S.C.C. 66. On this occasion this Court gave a direction to all the Dist. Collectors in India to ensure enlisting of abandoned/destitute children by the nursing homes/hospitals within their respective jurisdictions, with the foster case homes or the Social Welfare Departments of the concerned Govt. Publication of the list of recognised Indian Placement agencies and their associate agencies in two local leading news papers ( one in English and the other in the relevant regional language) at least annually; monthly reports by the juvenile courts in India to be submitted to their respective High Courts about the filing, disposal and pendency of the applications for release order of the abondoned children were directed Grievance is now made by the petitioner that these directions have remained in the pages of the law reports and have not been implemented to any extent. Though he has applied for contempt action, at the hearing he fairly states that this may not be treated as an application for contempt but we may give further directions for complying with the various directions.

(2.) We call upon the Central and the various State Govt. to comply with the various directions contained in the main judgment and the two subsequent orders within 10 weeks from today and make a return to the Registry of this courts through their counsels of compliance While we condone the past lapses, we contention all concerned that failure to comply with the present orders shall be seriously viewed and shall be treated as contempt.

(3.) The Secretary in Welfare Ministry of the Union of India and every Chief Secretary and Registrar or every High Court shall be informed of this order within one week from now to enable them to comply with his order.