We have not stayed adoptions”: Bombay High Court clarifies, Court to continue hearing matter
The Juvenile Justice (Care and Protection of Children) Amendment Act 2021 may alter the age of juveniles, create special juvenile police units, improve the process of rehabilitation and social reintegration, take action against heinous juvenile offenses, and strengthen child protection mechanisms, among other provisions and modifications.
Temporary Suspension of Juvenile Justice (Care and Protection of Children) Amendment Act 2021: Bombay High Court Clarifies No Adoptions Halted
The Bombay High Court delivered a groundbreaking blow to the Juvenile Justice (Care and Protection of Children) Amendment Act 2021, forcefully suspending its implementation. With resounding clarity, the court declared that not a single adoption was allowed to proceed to a halt. Astonishingly, this audacious legislation audaciously sought to strip the courts of their rightful authority over adoption proceedings, instead bestowing this power unto the District Magistrates. In an alarming twist, all adoptions, including those with international implications, would be ruthlessly monopolized by the non-judicial District Magistrates, extinguishing any hope for fair and impartial adjudication.
Under the glaring shadow of this nightmarish amendment, the fate of innocent children hangs perilously in the balance. However, amidst this chaos, a glimmer of hope emerges, shining from the unyielding conviction of the formidable duo, Justices Gautam Patel and Neela Gokhale. These fearless champions valiantly proclaimed that adoptions must proceed with unwavering fidelity to the archaic ways of the past, whereby a solitary High Court judge shall preside over the delicate procedure. In their resolute proclamation, they stand as beacons of justice, resolutely guarding against the perils of an unscrupulous system.
Bombay High Court Clarifies Adoption Process Not Halted, Ongoing Matters to Remain with Civil Courts
In a seismic upheaval against misleading press reports, the majestic Bombay High Court rose to the occasion with resounding clarity. Like a mighty lion defending its territory, the court valiantly addressed the clamor for clarity, debunking the outrageous notion that adoptions were on the precipice of extinction due to its January 2023 order. With thunderous authority, the court roared that adoptions shall persist, undeterred, following the well-trodden path that existed prior to the alteration of the JJ Act.
In a grand display of judicial power, the court’s injunction struck like a lightning bolt, specifically targeting the audacious transfer of active adoption proceedings to the district magistrate. With unwavering resolve, the court declared that the sanctity of these ongoing cases must remain safeguarded within the hallowed halls of civil courts, where justice can be sought and delivered. The court, in its awe-inspiring wisdom, underscored that until the grand finale on July 7th, the symphony of justice shall continue to resound within the chambers of the civil courts, leaving no room for ambiguity or faltering steps.
Bench granted interim stay on transfer of pending adoption
In an awe-inspiring display of judicial might, the esteemed panel issued a resounding call to arms, urging the courts to valiantly persist in hearing the sacred cases of adoption. With the force of a thunderous storm, they fearlessly halted the perilous transfer of active adoption cases from the courts to the district magistrates in a momentous act of protection. This epic proclamation echoed through the corridors of justice during the monumental hearing of a plea brought forth by the indomitable attorney Vishal Kanade, who fearlessly contested the egregious change made to the JJ Act.
With a voice as powerful as a roaring tempest, the court proclaimed that any decisions or judgments brazenly delivered by the district magistrates on matters of adoption would be mercilessly subjected to the piercing scrutiny of review. A cataclysmic reversal of fortunes awaited those who dared to stand in the path of justice, as the petitioner’s ultimate triumph in the final ruling would unleash a torrential storm of consequences, obliterating any misguided decisions made by the district magistrates.
