Lakshmi Kant Pandey vs. Union of India (1986): A Landmark in Adoption Law
Introduction
The case of Lakshmi Kant Pandey vs. Union of India (1986) is a landmark decision by the Supreme Court of India, which laid down guidelines for adoption and related matters, emphasizing the welfare of abandoned and destitute children. This judgment aimed to streamline the adoption process, ensuring it was child-friendly and swift, particularly for foreign adoptive parents. The court’s directives recognized the right of every child to a loving and secure household, thereby placing the welfare of children at the forefront of adoption proceedings.
Details of the Case
- Case Name: Lakshmi Kant Pandey vs. Union of India
- Court: Supreme Court of India
- Petitioner: Lakshmi Kant Pandey
- Respondent: Union of India
- Date of Judgment: December 3, 1986
- Citations: 1987 AIR 232, 1987 SCR (1) 383, AIR 1987 SUPREME COURT 232, 1987 (1) SCC 66
- Bench: Justice P.N. Bhagwati and Justice Ranganath Misra
- Author of the Judgment: Justice P.N. Bhagwati
Facts of the Case
In a previous judgment on February 6, 1984, the Supreme Court had laid down normative and procedural safeguards for the adoption of Indian children by foreign parents. This was followed by a supplementary judgment in 1985. However, several stakeholders faced practical difficulties in implementing these guidelines, leading to the filing of criminal miscellaneous petitions seeking further directions from the court to strengthen the adoption framework in India.
Issues Raised in the Case
- Should the representative of a recognized placement agency become a joint guardian with foreign parents until the adoption process is completed?
- Is there a need to modify the adoption process to prevent delays?
- Can children be transferred between states for adoption, and under what conditions?
- Should foreign parents residing in India for over a year be required to secure sponsorship from a welfare agency in their home country?
- Is a security deposit necessary for foreign parents to ensure due performance of their obligations?
Arguments of the Parties
- Indian Council for Child Welfare: Argued for the payment of fees for scrutinizing services rendered at the court’s direction, considering the expenditure incurred.
- Karnataka Council for Child Welfare: Highlighted the misuse of recognized agencies by unrecognized ones, using them as mere conduits for processing adoption cases.
- Delhi Council for Child Welfare: Sought clarification on whether abandoned children must be produced before juvenile courts to determine their adoption status and raised concerns about the lengthy adoption process.
Laws/Concepts Involved
- Guardians and Wards Act, 1890: Governs the appointment, rights, and liabilities of guardians.
- Section 9(4) of the Hindu Adoptions and Maintenance Act, 1956: Specifies who can give a child in adoption and the conditions under which a guardian can do so.
Judgment of the Case
- Joint Guardianship: The court ruled that the appointment of agency representatives as joint guardians with foreign parents was unnecessary. Instead, a bond from the recognized placement agency would suffice.
- Adoption Process: The court recognized the delays in the adoption process and issued directives to expedite it, including removing the need for juvenile court orders in cases of relinquishment by biological parents.
- Inter-State Transfer: The court permitted the transfer of children between states after the completion of necessary inquiries and issuance of a release order.
- Sponsorship for Foreign Parents: For foreign parents living in India for over a year, the court allowed the home study report to be prepared by the recognized placement agency in India, rather than requiring sponsorship from their home country.
- Security for Due Performance: The court clarified that a bond from the recognized placement agency was sufficient security, and a cash deposit was generally unnecessary.
Other Observations by the Court
The court directed that reasonable fees be paid to scrutinizing agencies, considering the nature and extent of the services rendered, with amounts generally ranging between Rs. 450-500.
Conclusion
The Lakshmi Kant Pandey vs. Union of India (1986) judgment significantly impacted the adoption process in India by prioritizing the welfare of children and ensuring a more streamlined and efficient procedure. This case continues to be a cornerstone in the legal framework governing adoption in India.
