AADIL EBRAHIM Vs. NISHA PRADEEP PANDYA

JUDGEMENT

(1.) The Writ Petition challenges the vires of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 to the extent that the word 'Court' is replaced with 'District Magistrate'. The effect of this amendment according to the Petitioners and the Intervenors is that an exclusive jurisdiction over all adoptions including foreign adoptions will now be with the District Magistrate. Until now at least adoptions were with the judges of the High Court and many of us have, while on the Bench, handled these cases. It is not shown to us that there has been any complaint about the handling of these cases. We have yet to see the justification for the amendment. The matter has been pending since October 2022. We are now told that there should be no stay on the implementation of the amendment and that the Government will file its reply. We do not think that the matters require to go through multiple cycles of the same arguments.

(2.) While considering interim relief, we must bear in mind the primary objective which is the interest of the children and infants who are to be adopted whether these are domestic or foreign adoptions. The concerns of the adoptive parents are also involved. In considering ad-interim relief, we have to bear in mind the interests of the minors who are put up for adoption and the interests of the adopted parents. Presently, the adoptions are being handled by Single Judges of this Court. This has continued for a very long period of time and nothing is shown to us to indicate why for a limited period of time of about four weeks this should not be continued until we finally hear the challenge. No prejudice will be caused to any party if the existing system continues. On the contrary, the primary interest would be protected. Moreover, we are granting interim relief only until the next date and not indefinitely for a long period of time. We are not impressed by the arguments of delays for disposals because at least in this High Court, the the adoptions jurisdiction is one in which there is no backlog at all. Adjournments are almost never requested or ordered and disposals take place on a weekly basis.

(3.) We are also mindful of the fact that if the petitioners succeed, any orders that are passed by the District Magistrate would be immediately vulnerable.