JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA
VOL. 21, 2022
being grown up with such labels. In the wake of generating openness in adoption procedure,
we have not realised that a class of children has been created and the stigma that such label
carries is difficult to vanish with time. A child is god’s creation and should be accepted, as
it is irrespective of its status as to how he or she has been found or to what religion they
belong. When the Juvenile Justice Act, 2015 and Adoption Rules, 2017 have been recognised
as secular Acts where there is no bar on ground of religion, then why to signify religion of a
child. In case of surrendered child, it can be considered as reasonable requirement on behalf
of parents, but it should not be preferred in case of other children. A child in institution must
be brought up in an environment where every religion is respected so that it will not create
hindrance in assimilation of such child in adoptive family. The author suggests that terms
like ‘orphan, surrendered and abandoned’ should be dropped and only child care institutions
and specialised adoption agencies should keep it to themselves and should not disclose it to
adoptive parents. All such references may be replaced by ‘institutionalised’ children.
Digitalisation of Adoption Procedure: The present adoption procedure with centralised
online system working in the whole territory of India through e-filing of applications on
the portal under CARA doesn’t fall in line with the true meaning of adoption as human
intervention and a true bond has been lost. It actually presents a shift in process, “from
helping children by finding them loving and caring families to a system that operates to
provide a service for western couples increases commercialism and profit, and arguably
creates the ‘ultimate form of imperialism’, which raises questions about the real motives
behind transnational adoption.”39The agencies can no longer select the prospective parents
as they are selected on first come and first served basis. It also affects their chances of getting
child according to specifications (if any) and creates difficulties in scenarios where they want
a child from a particular state as there are no concerned filters in system. A Senior Manager
from a Bengaluru based adoption agency also commented upon this shortcoming and said,
“As far as possible, the system needs to be tweaked to favour adoptions within the state that
could help agencies to stay updated with the status of parents and children and can interact
with them easily, because if they are from different state then the requisite help needs to
39
82
G. Misca, (2014) The “Quiet Migration”: Is Inter-country Adoption a Successful Intervention in the Lives of Vulnerable Children? Family Court
Review available at: https://core.ac.uk/download/pdf/19438245.pdf (Visited on October 12, 2022).