ADOPTIONS VS ABANDONMENT

Source: indianexpress

CONTEXT

Data by the National Crime Records Bureau show that no less than 709  criminal cases of “exposure and abandonment of child under twelve years under section 317 of the Indian Penal Code were registered in the year 2021.

ABANDONED CHILD –is deserted by his biological or adoptive parents or guardians.

SURRENDERED CHILD –is one relinquished on account of physical, emotional, and social factors beyond their control.

ABANDON vs. SURRENDER

• It is always advisable to surrender a child rather than abandon it. Abandonment endangers the child's life.
• Surrender before CWC is a guarantee that the child will be taken care of till he or she attains majority or is adopted by a fit and willing parent.

ADOPTIONS

• According to the portal of the central Adoption Resource Authority, there were 2,991 in-country adoptions and 414 inter-country adoptions in 2021 -22.
• According to the 118 th report on Review of Guardianship and adoption Laws, there were 2,430 children declared legally free for adoption for 26,734 adoptive parents in waiting.

JUVENILE JUSTICE ACT

• The act does not provide first information report
• The act says a report shall be registered against any biological parent in process of inquiry relating to an abandoned and surrendered child.
• The purpose of this provision is to ensure that all efforts are made to trace the parents or guardians of the child without initiating any criminal action.

REASONS FOR ABANDONMENT

• Unwanted pregnancy
• Breakdown of relationship
• Lower socio-economic status
• Either or both parents are drug addicts or alcoholics

SURRENDER IS SAFE

• The disclosure of the identity of such children is prohibited and all reports related to the child are to be treated confidentially by the CWC.
• The surrender of a child does not entail any criminal action.

 INTERPRETATION OF LAWS ON TERMINATION OF PREGNANCIES

• Section 3(2)(b) Medical Termination of Pregnancy Act,1971 was amended in 2021 and the words "married woman " were replaced with " any woman "and "husband with "partner "
• The corresponding rule (Rule 3B of the MTP Rules, was not amended, leaving scope for different interpretations by the lower courts.
• X vs. The Principal Secretary Health and Family Welfare Department and Another (2022) - Supreme Court held that the parliamentary intent was not to confine the beneficial provisions only to a situation involving a matrimonial relationship.
• The court passed an interim order to allow an unmarried woman petitioner to abort her pregnancy of 24 weeks arising out of a failed live-in relationship, subject to the Medical Board‘s recommendations.
• The court said that there was no basis to deny unmarried women the right to medically terminate her pregnancy when the same right was available to other categories of women (divorcees, widows, minors, disabled and mentally –ill women, and survivors of sexual assault or rape)

SOLUTIONS

• Major reasons for the abandonment of children are lack of awareness about the law on the surrender of unwanted children.
• Most of the cases of unwanted pregnancies are known to Accredited Social Health activists (ASHAs) ,daais, and Anganwadi workers, who have a strong network in villages, educating and sensitizing them may reduce incidents of abandonment
• The staff of nursing homes should also be included in such a program.
• Although the surrender deed is to be executed before the CWC, a parent or guardian may approach any police officer, public servant, recognized NGO, Child welfare officer, probation officer, etc when wanting to surrender a child.
• It shall be the duty of such authority or officer to produce the child before the CWC within 24 hours
• Non–reporting of abandonment within the prescribed time is a criminal offense
• Wide publicity needs to be given to these provisions of the JJ Act so that no child is deserted, and parents, guardians, and functionaries who are mandated to report any abandonment do not face a risk.