ADOPTION LAWS: CHALLENGES CONCERNING PROCEDURE FROM HUMAN RIGHTS PERSPECTIVE
parents, especially foreigners, fall in the trap of child traffickers to avoid long waiting of
two to three years. However, to revamp the procedure in 2016, a list called as immediate
placement was also introduced to bypass a long waiting period if they chose to adopt children
from this list comprising of older children (above five years of age) and children with special
needs, but it also didn’t prove to be effective. Adoption statistics on the working of CARA is
revealed as under:37
Year
Inter-country Adoption
In-country Adoption
2015-2016
3011
666
2016-2017
3210
578
2017-2018
3276
651
2018-2019
3374
653
2019-2020
3351
394
2020-2021
3142
417
2021-2022
2991
414
3.1 Critical Analysis of Functioning of CARA
The statistics show that both inter-country and in-country adoption has decreased at
a striking rate in recent years to 2991 and 414, respectively. The declining rate of adoption
as per numbers provided by CARA itself highlights the complex procedure of adoption in
India. The picture gets grimmer in knowing that with depleting rate of adoption, disruption
or dissolution are on rise as suggested by an information obtained under the Right to
Information Act, 2005, that in the two years between April 2017 and March 2019, 275 children
had been returned to the system across states—almost five per cent of the number of children
adopted in India in the same period.38 Now to understand the issues in entirety, the author
has critically analysed the following provisions:
Labelling or Branding of Children: The labelling or branding of children as abandoned,
orphaned or surrendered is not appropriate for the child’s psychology, as it creates trauma in
37
38
supra note 30
Shrabonti Bagchi, ‘The Returned’ available at: https://www.livemint.com/mint-lounge/features/the-returned-1569587584096.html (Visited
on October 10, 2022)
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