LAXMI KANT PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Through this application, the Union of India seeks modification and/or clarification of some of the directions given by this Court on 6-2-1984 in regard to inter-country adoptions. The submission of the learned Attorney general for India is that the period of three months which has been permitted for the biological parents to take a decision to relinquish the child for giving in adoption, needs to be reduced because according to him, the experience has shown that only 10-15 days' period is generally taken by the parents to make up their mind and it is not more than three per cent of the relinquished children who have been taken back by the biological parents in the period already prescribed under directions of this Court. It is stated that if this period is reduced, it would accelerate the process of adoption and the period of uncertainty would be curtailed even insofar as the child is concerned, who, we are informed is kept in the institutional care during that period. Keeping in view the best interest and welfare of the child, which is of supreme consideration in matters of adoption, more particularly inter-country adoptions, we find force in the submission of the learned Attorney General. It, therefore, appears appropriate to us to reduce the period of three months for the biological parents to take the decision regarding relinquishment of the child for giving in adoption to a period of two months.

(2.) With the aforesaid reduction in the period, the earlier directions given by this Court shall stand modified to that extent.

(3.) So far as the other prayers mentioned in this application are concerned, the learned Attorney General does not press the same. We, however, have no doubts that the District Courts and the Juvenile Courts/homes would give their earnest attention to the matters and dispose them of expeditiously. Crl. MP No. 4744 of 1999.