Bombay High Court Clarifies: Adoptions Not Halted Despite Pending Challenge to JJ Act Amendment
Amidst the ongoing challenge to the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 (JJ Act), the Bombay High Court has clarified that adoptions are continuing and have not been stopped. This clarification comes in response to a January 10 stay order issued by the court, which pertained to the transfer of adoption cases from civil courts to District Magistrates as mandated by the amendment.
The amendment in question grants exclusive jurisdiction over adoption cases, including foreign adoptions, to District Magistrates, whereas civil courts previously handled such matters. However, the court's January 10 order specifically stayed the transfer of adoption case papers/documents to the District Magistrates, not the adoption process itself.
Addressing the misconceptions surrounding the order, the High Court emphasized that ongoing and fresh adoption matters should continue to be dealt with by civil courts until a final decision is reached on the constitutional challenge. It stated that adoptions would proceed as they had been before the amendment to the JJ Act, and any case papers transferred to the District Magistrates should be sent back to the district judges/courts.
In light of the pending petition challenging the amendment, the court directed the transfer of all case papers back to the respective civil courts from the District Magistrates. The next hearing on the constitutional challenge is scheduled for July 7, 2023.
The Indian Express previously reported that adoptions had come to a standstill in Maharashtra since January 11 due to the Court's stay order. However, the recent clarification by the Bombay High Court makes it clear that adoptions are continuing, providing relief to prospective adoptive parents and maintaining the adoption process during the ongoing legal proceedings.
TAGS: Bombay High Court adoptions clarification pending challenge JJ Act amendment ongoing stay order exclusive jurisdiction District Magistrates civil courts adoption cases misconception foreign adoption final disposal case papers transfer writ petition communication limbo July 7 2023.
