Lok Sabha Question No. 504 (UNSTARRED), answered on 2018-07-20
Subject: Adoption of Orphaned Children
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: HEMANT TUKARAM GODSE

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO.504 TO BE ANSWERED ON 20.07.2018

## ADOPTION OF ORPHANED CHILDREN

## 504:     SHRI GODSE HEMANT TUKARAM:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state;

- (a) whether the Government has taken note that irregularities are committed by orphanages in the matter of adoption of orphaned children by issueless couples;
- (b) if  so,  the  details  thereof  indicating  the  number  of  complaints  reported  in  this  regard during the last three years and the current year, State/UT-wise;
- (c) whether the children are being handed over by the orphanages to such issueless couples who did not apply online and are unregistered and if so, the details thereof; and
- (d) the  action  taken  by  the  Government  against  the  orphanages  for  not  following  the guidelines issued by the Government?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD EVELOPMENT (DR. VIRENDRA KUMAR)

- (a): Section  65  of  Juvenile  Justice  (Care  and  Protection  of  Children)  Act,  2015  (JJ  Act) requires that every State Govt/UT shall recognise one or more institutions or organizations in each district as a Specialised Adoption Agency for the rehabilitation of orphan, abandoned or surrendered children, through adoption and non-institutional care. Section  65  (3),  further,  requires  that  the  State  Government  shall  get  every  Specialised Adoption Agency inspected at least once in a year and take necessary remedial measures, if required.
- (b):    Details of the cases of irregularities reported State-wise are tabulated underneath:-
- (c):     One such incidence has come to notice in respect of 'Missionaries of Charity' in the State of  Jharkhand.  The  primary  responsibility  of  execution  of  the  Act  lies  with  the  State Government,  who  are  required  to  take  necessary  action  in  accordance  to  JJ  Act  and Adoption Regulation,

| S. No.   | State       | 2015-16   | 2016-17   | 2017-18   | 2018-19   |
|----------|-------------|-----------|-----------|-----------|-----------|
| 1.       | Jharkhand   | -         | -         | 1         | -         |
| 2.       | Kerala      | -         | 1         | -         | -         |
| 3.       | Maharashtra | -         | 4         | -         | -         |
| 4.       | Odisha      | -         | -         | -         | 2         |
| 5.       | West Bengal | -         | 1         | 2         | -         |
|          | TOTAL       | -         | 6         | 3         | 2         |

2017. The relevant Sections of the Act relating to registration of Child Care Institutions (CCIs), which includes SAAs, and penalty for non-registration are enumerated in Section 41  and  42  of  JJ  Act  respectively.  Section  41  requires  that  all  institutions,  which  are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be registered under this Act, within a period of six months  from  the  date  of  commencement  of  this  Act,  regardless  of  whether  they  are receiving grants from the Central Government or the State Government. And Section 42 of  JJ  Act  2015  states  that  any  person  or  persons  in-charge  of  an  institution  failing  to comply  with  the  provisions  of  sub-section  (1)  of  section  41  shall  be  punished  with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both, provided that every thirty days delay in applying for registration shall be considered as  a  separate  offence.  Further  Section  80  of  the  Act  is  about  Punitive  measures  for adoption  without  following  prescribed  procedures . This  says  that  if  any  person  or organisation offers or gives or receives, any orphan, abandoned or surrendered child, for the  purpose  of  adoption  without  following  the  provisions  or  procedures  as  provided  in this  Act,  such  person  or  organisation  shall  be  punishable  with  imprisonment  of  either description for a term which may extend upto three years, or with fine of one lakh rupees, or with both, provided in case where the offence is committed by a recognised adoption agency,  in  addition  to  the  above  punishment  awarded  to  the  persons  in-charge  of,  and responsible  for  the  conduct  of  the  day-to-day  affairs  of  the  adoption  agency,  the registration  of  such  agency  under  section  41  and  its  recognition  under  section  65  shall also  be  withdrawn  for  a  minimum  period  of  one  year.  In  the  event  of  any  such irregularities the State is required to take action accordingly.

- (d):    The  concerned  State  Adoption  Resource  Agencies  (SARA)/State  Governments  are requested to enquire into the matter of reported irregularity, if any, and take action as per the  Act  and  the  Regulations.  In  specific  instances  of  violation  of  the  Act  and  the Regulations, Show Cause Notices are being issued to the SAA and thereafter depending upon  the  gravity  of  violation  by  the  SAA  either  fine  is  levied  or  their  recognition  is suspended/revoked. Details of the SAAs closed, State-wise, is Annexed .  Further in the light  of  recent  developments,  State/UTs  are  being  requested  to  ensure  that  all  the registered institutions are linked to Specialized Adoption Agencies and are reflected in CARINGS,  within  a  period  of  one  month  and  to  publish,  this  direction,  for  speedy execution,  in  the  local  newspaper  to  ensure  compliance  by  the  institutions  within  the stipulated period, failing which  action  may  be  taken against  the  non-complying institutions; to issue instructions for conducting  inspection of all  homes  run  by Missionaries  of  Charity  in  their  State  and  for  immediate  identification  of  other  such potential  institutions/organisations  which  could  be  involved  in  unlawful  activities;  to conduct  regular  inspections  of  all  institutions  as  prescribed  under  the  Act;  to  ensure linkage of all the CCIs with the closest SAA within one month to provide opportunity for lawful adoption to the children, legally free for adoption, residing in those CCIs;  to keep a close watch on the maternity homes and facilities which may act as a potential sources for illegal adoption and child trafficking; to create awareness amongst the public to help prevent such incidences.

*********

## Annexure referred to in reply to part (d) of the Lok Sabha Unstarred Question No.504 for answer on 20.07.2018  raised  by  Shri  Godse  Hemant  Tukaram     regarding ' Adoption   of    Orphaned Children'. Details of the closed SAAs.

|   S. No. | State          | Name of the agency &district                                         | Remarks                                                                                                      |
|----------|----------------|----------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------|
|        1 | Bihar          | Dr. B. R. Ambekar Harijan Kalyan Parishad                            | Due to irregularities                                                                                        |
|        2 | Bihar          | Nalanda Mother Teresa Anath Seva Ashram Nalanada                     | Due to irregularities                                                                                        |
|        3 | Bihar          | Sarvangin Vikas Samiti, Purnea                                       | Due to irregularities                                                                                        |
|        4 | Bihar          | Sarvangin Vikas Samiti, Purnea                                       | Due to irregularities                                                                                        |
|        5 | Jharkhand      | Joka Millenium Old Age Home, West Bengal                             | Closed by Govt. for allegations of Illegal Adoption                                                          |
|        6 | Jharkhand      | North Bengal People's Development Centre, Jalpaiguri, West Bengal    | Closed by Govt. for allegations of Illegal Adoption                                                          |
|        7 | Jharkhand      | Mahila Jan Shishu Kalyan Kendra, Bokaro                              | Closed by Govt. contravening the provisions of Law and child trafficking                                     |
|        8 | Jharkhand      | Foundation for National Reconstruction, Jamshedpur                   | Closed by Govt. contravening the provisions of Law                                                           |
|        9 | Madhya Pradesh | Shakuntala Parmar Samiti, Shivpuri                                   | Closed by State Govt. due to reported child abuse                                                            |
|       10 | Madhya Pradesh | Janabhdya Samaji Sanstha, Dewas                                      | Closed by State Govt. due to reported child abuse                                                            |
|       11 | Madhya Pradesh | Jujharu Samaj Sewi, Katni                                            | Closed by State Govt. as SAA was not following the norms of the JJ Act                                       |
|       12 | Madhya Pradesh | Smt. Geeta Devi Parmthik Lok Kalyan Samiti, Dewas                    | Closed by State Govt. as SAA was not following the norms of the JJ Act                                       |
|       13 | Maharashtra    | Jyotiba Phule Trust, Nanded                                          | Closed by Govt. contravening the provisions of Law                                                           |
|       14 | Maharashtra    | Marwadi Charitable Trust, Jalna                                      | Closed by Govt. contravening the provisions of Law                                                           |
|       15 | Maharashtra    | Marwadi Charitable Trust, Jalgaon                                    | Closed by Govt. contravening the provisions of Law                                                           |
|       16 | Maharashtra    | Marwadi Charitable Trust, Jalna                                      | Matter is under process                                                                                      |
|       17 | Uttar Pradesh  | Shishu Grih Kandhari Bejor, Faizabad                                 | Closed due to irregularities in following the provisions under the JJ Act, 2015 & Adoption Regulation, 2017. |
|       18 | Uttar Pradesh  | Maa Vindhyavasini Mahila Prashikshan Evam Samaj Sewa Sanstha, Deoria | Closed due to irregularities in following the provisions under the JJ Act, 2015 & Adoption Regulation, 2017. |
|       19 | Uttar Pradesh  | Dwarika Samaj Kalyan Samiti, Agra                                    | Closed due to irregularities in following the provisions under the JJ Act, 2015 & Adoption Regulation, 2017. |
|       20 | Uttar Pradesh  | Shanti Devi Memorial Gram Vikas Kanpur, Dehat                        | Closed due to irregularities in following the provisions under the JJ Act, 2015 & Adoption Regulation, 2017. |
|       21 | Uttar Pradesh  | Kanpur Hindu Anathalay, Kanpur Nagar                                 | Closed due to irregularities in following the provisions under the JJ Act, 2015 & Adoption Regulation, 2017. |
|       22 | Uttar Pradesh  | Shri Ram Udhyogic Anathalay, Lucknow                                 | Closed due to irregularities in following the provisions under the JJ Act, 2015 & Adoption Regulation, 2017. |
|       23 | Uttar Pradesh  | Mahadev Shishu Greha, Mirzapur                                       | On the basis of inspection by the State Govt. and the SAA was de licensed.                                   |
|       24 | Uttar Pradesh  | Lakshmi Shishu Greha, Varanasi                                       | On the basis of inspection by the State Govt. and the SAA was de licensed.                                   |
|       25 | Uttar Pradesh  | Shree Radha Krishna Bal Greh, Varanasi                               | On the basis of inspection by the State Govt. and the SAA was de licensed.                                   |
|       26 | Gujarat        | Missionaries of Charity, Ahmadabad                                   | Due to irregularities in following the provisions under the JJ Act, 2015 & Adoption Regulation, 2017.        |
|       27 | Gujarat        | Vikas Vidhyalaya, Surendra Nagar                                     | Due to irregularities in following the provisions under the JJ Act, 2015 & Adoption Regulation, 2017.        |
|       28 | Gujarat        | Mahajan Orphanage, Surat                                             | SAA already removed from CARINGS.                                                                            |