The Supreme Court criticised authorities over delays in a child adoption application, calling the issue bureaucratic red tape. A Bench led by Justice BV Nagarathna questioned CARA’s rejection of the maternal aunt’s plea, observing that a family member seeking adoption should not face unnecessary hurdles.
On Monday, the Supreme Court strongly criticised government authorities for delays in processing an application for adoption of a child, remarking that it involved what it called “bureaucratic red tapism” that creates obstacles in the process. The case was heard by a bench led by Justice BV Nagarathna, along with Justice Joymala Bagchi, on a plea filed by a maternal aunt of the child residing in the United States.
The petitioner moved the top court after her adoption application was rejected by the Central Adoption Resource Authority (CARA), the central body responsible for handling inter-country adoptions. During the hearing, the petitioner’s counsel urged the court to take up the matter urgently, noting that the permission granted to the aunt by US authorities for the adoption would expire on July 20.
Questioning CARA’s position, Justice Nagarathna asked,
“What is your problem with such an adoption? A family member is trying to adopt the child and you are stopping them. Very negative attitude. This is not acceptable.”
When CARA’s counsel sought additional time and requested that the Additional Solicitor General (ASG) be allowed to address the court, Justice Nagarathna responded sharply,
“This is not some olden days that you will say the ASG will address. So what? We are not afraid of any ASG,”
The bench also pointed to a prior instance involving a similar adoption matter from the United Kingdom.
Justice Nagarathna observed,
“This is not the first time you are creating such issues. Last time also, we had to call your officer and ensure compliance in a matter involving a similar UK issue,”
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After hearing the submissions, the bench directed CARA, a statutory body under the Union Ministry of Women & Child Development, to file its reply within the stipulated time and scheduled the case for further hearing on July 13. The court further cautioned that authorities could not nullify the adoption application by stalling proceedings after the matter reached the Supreme Court.
Issuing a stern warning to CARA, the court stated that if the reply was not filed on time, it would proceed to decide the case without CARA’s response. Meanwhile, granting interim relief to the petitioner, the bench directed CARA to take the necessary steps to process the adoption application, clarifying that such action would be “without prejudice to its contentions” in the pending writ petition.