Make Orphan, abandoned and surrendered  kids free for adoption within 60 days.

The Issue

Make Orphan, abandoned and surrendered  kids free for adoption within 60 days  and if clearance is not given by CWC on 61th days, clearance of CWC automatically will be assumed.  In juvenile justice act 1986 lawmakers had wisely put in Sec 7.3 which said “The powers conferred on the board or Juvenile Court by or under this act may also be exercised by the high court and the court of session, when the proceeding comes before them in appeal, revision or otherwise.” Juvenile Justice Act 1986 sec. 7.3 Chapter II The word ‘otherwise’ opened the window for any conscientious citizen to seek redress from Sessions Court purely on merit of the case bypassing technicalities like ‘locus standee’. The same clause also allowed to Session Court to declare her free for adoption when the J.W.B continued its obstructive tactics. It is vital to keep this window open for the orphan child, because it has no one to look after it. Unfortunately, this section was deleted only for orphan babies in the newer editions of the Act (2000, 2006,2011 and 2015). It still applies to children committing crimes. The implications are tremendous for the orphan children. 1)The C.W.C (Child Welfare Committee) has absolute power over orphan children. There is no effective accessible, mechanism to correct its mistakes, misdeeds and inaction. 2)Session’s court cannot provide relief against any action of the CWC to orphan children. At the same time, children associated with criminal activities are given protection of Sessions Court under sec. 6.2 of the Juvenile Justice Act 2000,2006,2011 ( sec 7.2 of the new JJ Bill 2015 ). Clearly this is unequal and discriminatory treatment of orphan children and encroachment on their fundamental constitutional rights under sec 14 and 15 (right to equality and protection against discrimination). 3) If C.W.C. forgets to or chooses not to give a decision there is no clear remedy for the child for the delay involved. Appeal can be filed only when there is an order. The word ‘otherwise’ provided protection against inaction of JWB. There are many reasons why J.W.B/C.W.C will not declare a child ‘free for adoption’ 1)They are understaffed and undertrained to speedily dispose of cases. 2)They do not have enough motivation and commitment. 3)Occasionally, they may want to settle score with an orphanage and may willfully delay proceedings. Why is early adoption important ? Firstly, every child has a right to loving home. By delaying adoption, we are condemning if to a life of orphanage. This is a gross violation of constitutional right of “meaningful life” under sec. 21. Secondly, adoption delayed is often adoption denied.Most parents want to adopt a young child. Recently Hon. Supreme Court (Stephanie Joan Becker vs. State, 08/02/2013) has directed that a child will be deemed to be automatically cleared for adoption if its case is not cleared in stipulated time. Para 6(3) (Civil Appeal No. 1053 of 2013 ) This direction should be extended to C.W.C also.
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Kilbil adoption agencyPetition Starter
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The Issue

Make Orphan, abandoned and surrendered  kids free for adoption within 60 days  and if clearance is not given by CWC on 61th days, clearance of CWC automatically will be assumed.  In juvenile justice act 1986 lawmakers had wisely put in Sec 7.3 which said “The powers conferred on the board or Juvenile Court by or under this act may also be exercised by the high court and the court of session, when the proceeding comes before them in appeal, revision or otherwise.” Juvenile Justice Act 1986 sec. 7.3 Chapter II The word ‘otherwise’ opened the window for any conscientious citizen to seek redress from Sessions Court purely on merit of the case bypassing technicalities like ‘locus standee’. The same clause also allowed to Session Court to declare her free for adoption when the J.W.B continued its obstructive tactics. It is vital to keep this window open for the orphan child, because it has no one to look after it. Unfortunately, this section was deleted only for orphan babies in the newer editions of the Act (2000, 2006,2011 and 2015). It still applies to children committing crimes. The implications are tremendous for the orphan children. 1)The C.W.C (Child Welfare Committee) has absolute power over orphan children. There is no effective accessible, mechanism to correct its mistakes, misdeeds and inaction. 2)Session’s court cannot provide relief against any action of the CWC to orphan children. At the same time, children associated with criminal activities are given protection of Sessions Court under sec. 6.2 of the Juvenile Justice Act 2000,2006,2011 ( sec 7.2 of the new JJ Bill 2015 ). Clearly this is unequal and discriminatory treatment of orphan children and encroachment on their fundamental constitutional rights under sec 14 and 15 (right to equality and protection against discrimination). 3) If C.W.C. forgets to or chooses not to give a decision there is no clear remedy for the child for the delay involved. Appeal can be filed only when there is an order. The word ‘otherwise’ provided protection against inaction of JWB. There are many reasons why J.W.B/C.W.C will not declare a child ‘free for adoption’ 1)They are understaffed and undertrained to speedily dispose of cases. 2)They do not have enough motivation and commitment. 3)Occasionally, they may want to settle score with an orphanage and may willfully delay proceedings. Why is early adoption important ? Firstly, every child has a right to loving home. By delaying adoption, we are condemning if to a life of orphanage. This is a gross violation of constitutional right of “meaningful life” under sec. 21. Secondly, adoption delayed is often adoption denied.Most parents want to adopt a young child. Recently Hon. Supreme Court (Stephanie Joan Becker vs. State, 08/02/2013) has directed that a child will be deemed to be automatically cleared for adoption if its case is not cleared in stipulated time. Para 6(3) (Civil Appeal No. 1053 of 2013 ) This direction should be extended to C.W.C also.
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Kilbil adoption agencyPetition Starter

The Decision Makers

Maneka Gandhi
Union Minister for Women and Child Development
Maneka Gandhi
Member of Parliament, Sultanpur

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Petition created on 11 August 2015