LAWS(MPH)-2018-2-76

VINEETA KUSHWAHA Vs. NOT MENTION

Decided On February 12, 2018
Vineeta Kushwaha Appellant
V/S
Not Mention Respondents

JUDGEMENT

(1.) These revisions have been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'JJ Act') challenging the orders dated 21.12.2016 and 19.12.2016 passed by the Principal Judge, Family Court, Chhindwara returning the application filed by the Child Care Institution (for brevity ''CCI'') and Special Adoption Agency (for brevity ''SAA'') for not passing any order for adoption. The said applications were rejected by the orders impugned, however, these revision have been preferred.

(2.) During the course of the hearing, it was argued that not only the functioning of the Court, to exercise the jurisdiction in adoption case by the Court concerned is required to be explained which may ensure early disposal of the adoption cases, but simultaneously, the functioning of the Child Welfare Committee (for brevity ''CWC''), State Adoption Resource Agency (for brevity ''SARA''), Special Adoption Agency-Child Care Institution (for brevity ''SAA-CCI'') linkage as referred in the letter of the Ministry of Women and Child Development, Govt. of India dated 29.9.2017 (for brevity ''MW&CD'') are also the issues of consideration.

(3.) Various complaints are made to the Juvenile Justice Committee of the High Court of M.P, Jabalpur by CCIs and SAAs alleging that despite the children entered on the Child Adoption Resource Information and Guidance System (for brevity ''CARINGS'') after declaring them legally free from the CWC, their referrals are awaited from the month back and not made on due time by the Central Adoption Resource Authority (for brevity ''CARA''), therefore, best interest of the child is going to be affected in the matter of adoption within the State. In this context, the cognizance is taken on one of the complaint by the JJC and the reply was sought from the CARA.