SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been registered suo motu based on the report of the Project Co-ordinator, Victims Rights Centre, the Kerala State Legal Services Authority.

(2.) The report of the Project Co-ordinator points to the glaring conflicts of law relating to a sensitive and vulnerable issue touching the privacy of the children given in adoption. The various Courts in Kerala issued orders on the applications preferred by the prosecution to collect DNA of children born to rape victims. The report of the Project Co-ordinator indicates that such orders conflict with Regulation 48 of the Adoption Regulations, 2022 issued in exercise of the powers conferred under Clause (c) of Sec. 68 read with Clause (3) of Sec. 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the J.J Act') which deals with the confidentiality of records to be maintained in the case of adopted children by all agencies and authorities involved.

(3.) The issue involved is the legality and the adverse impact on the adopted children and the respective families following the issuance of orders by the competent Courts to collect DNA of children born to rape victims and given in adoption on the applications preferred by the prosecution to strengthen the case of rape.