KINDERITE

I live in India and a child had been placed in my custody under the Guardians and Wards Act (GAWA) several years ago. Now since the secular adoption is included in the Juvenile and Justice Act (JJ Act), Can I adopt a child now under this act? Before I say anything, let me clarify the terminology: Guardianship : Is a process where an individual is recognized as a legal guardian by the relevant court for the welfare of a minor. In this scenario it is the court that will have the eventual authority on the child and the guardian. Adoption : Mena a process through which the adopted child permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship. Until the JJ Act came into effect in the year 2000 and amended in 2006, adoptions in India were done under the act called “Hindu Adoption and Maintainance Act” or (HAMA) which only allowed the Hindus, Jains, B...

With the legislative and financial support rendered to promote non-institutional care of children under the Juvenile and Justice Act (JJ Act), 2006, with adoption being given the priority only after the biological parents, adoption scene is about to change significantly in India in the years ahead. Enormous checks and balances are being built at different levels in to the adoption process with the cooperation of civil society. Under the JJ Act, ‘Child Welfare Committees’ and courts, under the Integrated Child Protection Scheme there are going to be State Adoption Resource Authority or ‘SARA’ (similar to CARA at the state level) and adoption coordination agency or ‘ACA’ which is accountable to SARA and then at the district (similar to country in the US) level there are going to be people monitoring non-institutional care of children and reporting to SARA which in turn report to the central level. If and when the state signs the memorandum of understanding (MOU) with the central governm...

I just returned home after spending one month in training at National Institute of Public Cooperation and Child Development (NIPCCD) in New Delhi on a subject titled “Certificate course on Child Rights and Child Protection” where we have studied child rights and child protection extensively. 1. Legal basis: There has not been a law as comprehensive as Juvenile & Justice Act (JJ Act) for the protection of children of India to date which gives adoption an important role as never before. Adoption is no longer an act of mercy but a mandated rehabilitative under the law (JJ Act) that a child must have a home as a first priority. Explanation of sub section (3) of Section 39 of the JJ Act states the following: For the purposes of this section “restoration of and protection of a child” means restoration to – (a) Parents; (b) Adopted parents; (c) Foster parents; (d) Guardian; (e) Fit person; (f) Fit institution . One can see the importance that the law places for a child to have a home th...

Recently I was visiting a friend in New Delhi and I was explaining to him about the purpose of my visit. The question he had asked me stumped me completely. He had asked “What rights can a five year old child can have? I answered and agreed the bareness of the question but I wanted him to hear the spirit of my answer. I said that a five year old child may not/ need not have rights as his parents provide for him in every aspect of his life. But the number and quality of rights that the world enshrines on our children are for two purposes: Awareness: To help parents and others understand that children do have rights and some are as simple as 'Child has the right to express'. What he expresses may not be acceptable and it is up to the parents to convince the child how it is not in his/ her best interest to pursue but it is important that they allow him/ her to express. Deterrance: Only when we have rights that the violators can be held accountable. For example, if a child's ...

This entire training (Certificate course on Child Rights and Protection) time I have been searching and finding information about the laws on adoption in India. I am glad that I chose to attend this training and I have much better idea now than before. To begin with, all the adoption laws that one has to follow in India for now are in Juvenile and Justice Act, 2006 (JJA) created by the Parliament of India. We still have GAWA (Guardianship and Wards Act) and HAMA (Hindu Adoption and Maintenance Act) in the books and they are still used when necessary (in times of inter-country adoptions) and if one chooses to do under those laws. JJA is very clear and precise as to how the adoption ought to be done in terms of a child that is been relinquished or abandoned. Before I say anything, I want you to understand one term called “Child Welfare Committee” or CWC. CWC is a statutory body created in JJA with the powers of bench of magistrates with powers of a metropolitan magistrate or a judici...