ADOPTION LAWS: CHALLENGES CONCERNING PROCEDURE FROM HUMAN RIGHTS PERSPECTIVE laws concerning foreigners, overseas citizens or Non-resident Indians as adoptive parents, and unavailability of streamlined procedure to regulate such adoptions, the issues of child trafficking, illegal adoptions, violation of child rights and statelessness on being left by foster parents on grounds of adjustment and disruptions in foreign State caused great upheaval and gathered the attention of law makers, Non-government Organisations, social activities and other interest groups.21 The Law Commission of India in its 153rd report on inter-country adoption stated that the paramount consideration is the core subject matter of the inter-country adoption. The constitutional position on the welfare of children is clearly mentioned in the Article 15(3), 23, 24 and 39. These Articles covers the two important parts of the Constitution of India, i.e., Fundamental Rights in Part III and the Directive Principles of State Policy in Part IV of the Constitution. The Report stated that adoption is not so popular in India due to the socio-economic backwardness of the society and, to some extent, the legal technicalities. It further stated that the Indian children given in adoption in foreign countries are exploited by employing them in domestic services and in child trafficking. Inter-country is the most controversial, complex and sensitive aspect of adoption. The report further stated that these aspects cover the principles and procedures over citizenship, migration, socio-economic status of the adopting parents, and community and cultures of the society of the adoptive parents. The report further stressed that there is a necessity to regulate intercountry adoption by legislative measures and strict collaboration between qualified and authorised state and responsible social authorities. The report pays due considerations to the Public and Private International Laws, The Guardians and Wards Act, 1890, and Hindu Adoption and Maintenance Act, 1956 and international instruments related therewith.22 2. Judicial Articulation on Inter-country Adoption The shortcomings of inter-country adoptions were there and rightly so pointed out by the judiciary from time to time. In Re Rasik Lal Chhagan Lal Mehta,23 the Gujarat High Court acknowledged the complex situation of inter-country adoptions as also portrayed by the Indian Council of Social Welfare. It stated that such adoptions encompass “a variety of principles and procedures over migration, citizenship, the socio-economic situation 21 22 23 Hari Dev Kohali, Supreme Court on Hindu Law, Universal Law Publishing Co. Pvt. Ltd. 324-334 (2010) The Law Commission of India, 153th Report on Inter-country Adoption (1994). AIR 1982 Guj. 193 77