The Karnataka High Court ruled on whether a child born as a result of rape can be adopted without the consent of the accused father. The court clarified that the accused father’s consent is not required for the adoption in such cases. This decision aims to prioritize the welfare of the child and protect the rights of the survivor. It also highlights the importance of justice and dignity for victims.
Bengaluru: The Karnataka High Court addressed a crucial question, whether the consent of a biological father, who is also the accused in a rape case, is necessary in addition to the consent of the minor victim mother and her guardian for the adoption of a child born out of rape.
The court ruled that such consent is not required.
Justice Hemant Chandangoudar, on a single-judge bench, delivered this judgment while nullifying an endorsement by the Sub-Registrar that had denied the registration of an adoption deed due to the absence of the biological father’s consent.
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The court stated,
“The consent of the rape-accused biological father of the child is both inconsequential and immaterial.”
This case stemmed from a writ petition filed by four individuals, including a 16-year-old rape survivor (Petitioner No. 1) and her mother (Petitioner No. 2), who sought to give up the child for adoption. The minor survivor, who gave birth to a baby girl on September 30, 2024, faced remarkable financial difficulties and was unable to care for the child. Petitioners Nos. 3 and 4, a childless Muslim couple, expressed their desire to adopt the child and signed an Irrevocable Adoption Deed on November 11, 2024.
The Sub-Registrar of Yelahanka (Respondent No. 1) rejected the application for registering the adoption deed, citing the lack of consent from the biological father, who is currently in judicial custody awaiting trial. Dissatisfied with this decision, the petitioners approached the High Court to challenge the rejection and compel the registration of the adoption deed.
The High Court clarified that the Juvenile Justice (JJ) Act, 2015, allows for adoption without the biological father’s consent, particularly in cases involving a rape survivor and her child. Citing the case of Amrik Singh and Others v. Union Territory of Chandigarh (2023), the court emphasized,
“The minor victim mother, as the sole natural guardian, has the right to give the child in adoption, without requiring the consent of the biological father (a rape convict).”
Furthermore, the court referenced the Supreme Court ruling in Shabnam Hashmi Vs. Union of India and Ors (2014), which extended adoption rights to Muslims. It highlighted that the JJ Act is a secular and enabling legislation that facilitates the adoption process regardless of the adoptive parents’ religious backgrounds.
The court noted,
“Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute.”
Prioritizing the best interests of the child, the court declared that,
“All decisions regarding the child shall prioritize the best interests of the child to help them reach their full potential.”
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The court also highlighted that,
“Regulation 7(7) of the Adoption Regulations, 2017, expressly authorizes the mother of an illegitimate child to surrender the child for adoption and that for minors, the Deed of Surrender must be signed by an accompanying adult as a witness.”
In conclusion, the court ruled that failure to facilitate adoption would deprive the child of their right to live with dignity, as guaranteed by Article 21 of the Constitution of India. Thus, adoption in such circumstances is not only a statutory right but also a moral obligation to ensure the child’s welfare and development. Consequently, the court quashed the Sub-Registrar’s rejection and ordered the registration of the adoption deed.