A petition has been filed before the Delhi High Court challenging the recent amendments made to the Adoption Regulations issued under the Juvenile Justice (Care and Protection of Children) Act, 2015. These changes prohibit parents from adopting a "normal child" if they already have two children.
The term "normal child" refers to a child who does not have any disabilities as defined by the Rights of Persons With Disabilities Act.
The petitioner, Jesi Jeevarathinam, who has two biological children, submitted the plea after applying to adopt a child in December 2020.
The petition argues that the decision of the Steering Committee Resource Authority to implement the Adoption Regulations, 2022 with retrospective effect is arbitrary, unreasonable, and a violation of Article 14 of the Constitution.
The petitioner had applied for the adoption of a third child under the Adoption Regulations, 2017, which was in effect at that time. However, these regulations already prohibited parents with three or more children from adopting a "normal child."
The plea highlights that the 2022 Regulations came into force on September 23, 2022, as per the official Gazette notification. These regulations do not explicitly provide for retrospective implementation. Therefore, the Committee's decision to implement them retrospectively goes against the established legal principle that statutes, rules, and regulations generally have prospective operation unless specifically stated otherwise.
After considering the case, Justice Prathiba M Singh issued an order on May 2, 2023, directing the authorities to keep the petitioner's name on the waiting list. If the petitioner becomes eligible for any referral under either the 2017 regulations or the 2022 Regulations, she must be informed accordingly.
Furthermore, the Court ordered that the restoration of the petitioner's seniority in the waiting list should be implemented within one week.
The case will be further considered on July 12, 2023, along with a similar matter.
Advocates Mrinalini Sen, Kaif Khan, and Sanya Panjwani appeared on behalf of the petitioner, while Central Government Standing Counsel Rakesh Kumar, along with Advocates Rupali GP and Suni, represented the respondents.
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TAGS: plea Delhi High Court Adoption Regulations Juvenile Justice (Care and Protection of Children) Act 2015 normal child disability Rights of Persons With Disabilities Act Jesi Jeevarathinam two biological children retrospective effect arbitrary unreasonable Article 14 of the Constitution Steering Committee Resource Authority Adoption Regulations 2022 notification official Gazette prospective operation Statute/Rules/Regulations seniority list waiting list order eligible for referral July 12 Advocates Mrinalini Sen Kaif Khan Sanya Panjwani Central Government Standing Counsel Rakesh Kumar Advocates Rupali GP Suni respondents.
