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Chapter
1
Official
Links From Government
of India: Guidelines for adoption of Indian children.
Contains extensive information on: Role of Government of India,
List of Recognized Foreign Agencies for Adoption, Procedure
to be followed etc.
CHAPTER I:REVISED
GUIDELINES TO REGULATE MATTER
RELATING TO ADOPTION OF INDIAN CHILDREN (1994)
Aims
and Objects
1. 1 The
objective of the present guidelines is to provide a sound
basis for adoption within the frame work of the norms and
principles laid down by the Supreme Court of India in the
series of judgments delivered in L.K. Pandey vs. Union of
India and Others between 1984 and 1991.
1.2 Adoption
undoubtedly offers an important avenue for the care and protection
of an abandoned, destitute or neglected child in a family
setting and provides an atmosphere of happiness, love and
understanding for the realization of his/her talents and potentials.
It carries with it all the emotional, physical and material
security necessary for the proper development of the child
and also serves as the most reliable means of preventing situations
associated with the abuse, exploitation and social maladjustment
of abandoned, destitute and neglected children.
1.3 The
Government of India, in pursuance of its constitutional mandate,
has evolved a National Policy for the Welfare of Children.
The thrust of this policy is summed up in the following words:
"The
nation's children are a supremely important asset. Their
nurture and solicitude are our responsibility. Children's
program should find a prominent part in our national plans
for the development of human resources, so that our children
grow up to become robust citizens, physically fit, mentally
alert and morally healthy, endowed with the skills and motivations
needed by society. Equal opportunities for development to
all children during the period of growth should be our aim,
for this would serve our large purpose of reducing inequality
and ensuring social justice."
1. 4 There
has been equally great concern for the welfare of children
at the international level culminating in the Declaration
of the Rights of the Child, adopted by the General Assembly
of the United Nations on 20th November, 1989. Thereafter,
in various international fora conferences and seminars, this
subject of child welfare has continued to be constantly debated.
1.5 The
National Policy for the Welfare of Children also stresses
the vital role which the voluntary organizations have to play
in the field of education, health, recreation and social welfare
services for children and declares that it shall be the endeavor
of the state to encourage and strengthen such voluntary organizations.
Need for Family
Support for the Development of the Children
1.6 It
is an accepted fact that the balanced development of a child-emotional,
physical and intellectual, can be best ensured within the
family, or where this is not possible, then in familial surroundings.
The responsibility for providing care and protection to children
including those who are orphaned, abandoned, neglected and
abused rests primarily with the family, the community and
the society at large. However, since many traditional
institutions including the family structure are undergoing
vertical as well as horizontal social changes on account of
urbanization, industrialization and the general process of
development, family support to a child is not always available.
It, therefore, becomes the responsibility of the community,
of the society and of the state to provide both institutional
and non-institutional support to destitute children. Government
of India considers adoption as the best non-institutional
support for rehabilitation of children.
Traditionally,
our society has been providing support through charitable
institutions and non-institutional activities like adoption,
guardianship and foster care. Due to rapid changes in the
social structure and other related factors, the number of
children who need care, protection and rehabilitation is on
the increase. It is, therefore, necessary not only to expand
both institutional and non-institutional facilities for the
nurture of such children, but also to regulate and monitor
all programs so as to ensure minimum standards in all child
welfare activities. Among non-institutional modes, the interest
of the child can best be served through adoption in a family.
Further, it is also an accepted fact that the child develops
best in his or her own cultural and social milieu. Thus, placement
of a child through adoption in an indigenous setting would
be ideal for his or her growth and development. Inter-country
adoption, i.e. adoption of Indian children by adoptive parents
residing abroad, should be resorted to only if all efforts
to place the child with adoptive parents residing in India
prove unsuccessful. Generally, in all matters concerning adoption
whether within the country or abroad, the welfare and interest
of the child shall be paramount. Therefore, private adoptions
of abandoned, destitute and surrendered/relinquished children
conducted by unauthorized individuals, agencies or institutions
should be discouraged and it should not be open to any individual
agency or institution whether owned or run by the Government
or not to process an application from a foreigner for taking
a child in adoption. It should be the endeavor of Government
to facilitate in-country adoption and to regulate inter-country
adoption of Indian children.
Review of Adoption
Procedure
1.7 In
pursuance of the Supreme Court directives, the Ministry of
Welfare vide its resolution dated 4-7-1989 formulated a set
of guidelines to regulate, monitor and supervise programs
pertaining to adoption. That laid down the existing procedure
and practices. The existing procedure and practices followed
in the case of intercountry. adoption were thoroughly reviewed
by the Supreme Court in their subsequent judgments dated 19th
September, 1989, 14th August, 1991, 29th October, 1991, 14th
November, 1991 and 20th November, 1991 respectively, in Writ
Petition (CRQ No. 1171/ 1982 by Shri L.K. Pandey vs. Union
of India and others. The Ministry of Welfare after a careful
study of all the judgments of the Supreme Court of India and
existing laws of the land and after taking into account the
experience of the concerned governmental as well as voluntary
agencies and the changing social realities, decided to modify
these guidelines. In this direction, the Ministry of Welfare
constituted a Task Force consisting of members representing
various voluntary placement agencies under the chairmanship
of Mr. Justice P.N. Bhagwati (The former Chief Justice of
India).
1.8 The
revised guidelines as contained hereinafter have emerged from
the Task Force recommendations.
Source: Embassy
of India
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