Calcutta High Court Clears the Ambiguity Between Foster Care and Adoption

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

Children are often referred to as god’s gift to a family. Unfortunately, this gift is not always welcomed. Things start getting ugly when there is a custody battle. Here the battle for custody is between biological parents and foster parents.

Facts of the Case

The concept of foster parents is new in India as compared to the West. A group of social workers filed the case. The petitioners are active participants in self-help groups. They have contributed to social causes. At Bankura district, West Bengal, a woman approached the petitioners.

At first, it started with seeking help to solve domestic issues between spouses. The matter worsened with them ostracized from society. They also lost one of their children within months due to malnutrition. When things got out of control the couple decided to put the other children for adoption. The petitioners did not agree and instead insisted on providing treatment. The petitioners visited the same family after a period. The child was battling for its life. The child was immediately rescued and provided with medical attention. They took the child with them for further medical treatment. During the period of treatment, the respondents did not care to visit. For this arrangement to continue adoption was necessary. The petitioners requested adoption. The respondents complied with the adoption procedures in the future.

Keeping the assurance the petitioners went ahead with the treatment. The petitioners provided the child with post-operation care. The child is also given the necessary attention to bridge the gap in its growth. Being aware of the child regaining its health the respondents try to take the child back. Since the petitioners refused them they sort to violence leaving the child traumatized.

Trial of the Case

The petitioners filed a report with the Child Welfare Committee after this incident. It did not stop the respondents. The police threatened the petitioners despite the complaint they filed. The CWC referred the petitioners to Mukti Rehabilitation Centre. This rat race came to an end when the CWC ordered the petitioners to have the child’s custody. The order is keeping in mind the welfare of the child.

This victory for the petitioners is short-lived. Respondents appealed against the order in the court of the District Magistrate. They appealed under the Juvenile Justice Act, 2015. Unfortunately, the District Magistrate ruled in favour of the Respondents. The petitioners lost custody and hence filed the present writ petition.

Contentions by the Petitioner

The extensive history of the case is what sets in as the reasoning. The petitioner’s counsel appealed to the court under section 37 of the Juvenile Justice Act. Section 44 of the act enhances the same. Here section 37 deals with the power of CWC to place children in care when needed. Section 44 provides for the CWC to place children in foster care when necessary.

The foster family does not include biological or adoptive parents. It suggests that the family needs to be recognised and positioned for the care. Further, strong emphasis is placed on the child’s health care. The counsel highlights the efforts taken by the petitioners for the same. It would be a lackadaisical approach to not grant the petitioners custody.

Contentions by the Respondent

The Respondent’s counsel relayed on the following things. He pointed out that the petitioner followed no legal procedure for foster care. Along with that, there is an alleged accusation of hiding the identity of the child from them. The Court should consider both the  Juvenile Justice Act and the West Bengal Juvenile Justice Rules, 2017. Also, the rules dictate the foster family unite the child with its biological parents. He justified the same by referring to the decision of the District Magistrate.

Court’s Analysis

The Court analysed the Juvenile Justice Act, 2015 and the rules in correspondence. The Court felt that the petitioners claim in this case was not strong. They reasoned it by stating that the respondents had only given the child for foster care. The compliance of the adoption procedure is more of an oral agreement. The Court also felt that the petitioners had mala fide intentions in changing the child’s name. The interpretation of the act ensured that the biological parents get custody. The Court stated that the act in no means grants foster care. Additionally, the idea of foster care is to protect children who are in dire need. In this case, the respondents are completely capable of taking care of the child. Hence the Court ordered to hand over the child’s custody to the biological parents.

Conclusion

The constant debate between foster care and adoption is clear to a fair extent in this case. The Court has explained what amounts to foster care. The law relating to foster care is within the Juvenile Justice Act, 2015. With the concept being dynamic it would be suggestive of having a separate act for the same.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -