The story so far: From September 1, District Magistrates (DM) have been empowered to give adoption orders instead of courts. All cases pending before courts have to be now transferred. Hundreds of adoptive parents in the country are now concerned that the transfer process will further delay what is already a long and tedious process. There are questions whether an order passed by the executive will pass muster when an adopted child’s entitlements on succession and inheritance are contested before a court.
What do the amended rules say? How did they come about?
The Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 in July last year in order to amend the Juvenile Justice Act (JJ Act), 2015. The key changes include authorising District Magistrates and Additional District Magistrates to issue adoption orders under Section 61 of the JJ Act by striking out the word “court”. This was done “in order to ensure speedy disposal of cases and enhance accountability,” according to a government statement. The District Magistrates have also been empowered under the Act to inspect child care institutions as well as evaluate the functioning of district child protection units, child welfare committees, juvenile justice boards, specialised juvenile police units, child care institutions etc.
