The Nagpur Bench of Bombay High Court has held that acquiring of children as per the purveying of the Juvenile Justice Act, 2015 (JJ Act) cannot be confined only to forsaken, jilted or capitulate children or those in squabble with law or in need of care and defence.
Justice Manisha Pitale said that The JJ Act, 2015 dispenses and manages influence of children from approximate and assuming by step-parent.
The Court set aside an order passed by District Judge Yavatmal who had repudiated an entreaty by the biological and planned adoptive parents of a minor girl child for adoption of the child under the provisions of the JJ Act.
The District Judge had spurn the solicitation under the JJ Act on the rationale that the child in this case was neither a child in quarrel with law, nor a child in need of care and protection, nor an orphan, nor a surrendered/ abandoned child and therefore, provisions of the JJ Act, 2015 would not apply.
The child can be acquired under the amenities of the JJ Act. This is said in high court against district judge
The legislature consciously made provisions for the adoption of a child by relatives.
Advocate FT Mirza as Amicus Curiae to assist the court is appointed by the court.
The Amicus submitted that the JJ Act, 2015 broadened the scope of the legislation and included a specific procedure for adoption of children in its fold that the view adopted by the Court below was very wide and did not take into consideration the changes brought about in the JJ Act.
The Court observed that entire Chapter VIII was introduced in the Act for acquiring.
The JJ Act manages acquisition of children from relatives and adoption by stepparents. Aside from children in conflict with law and children in need of care and protection.
Section 56(2) of the Act states that acquiring a child from another relative can be done and Adoption Regulations are highlighted by court.
The district court concluded the clear restrictive interpretation regarding the applicability of JJ Act, 2015.