Optional Grouping: Courts & Support

Punishments Under Adoption Law

You may be punished if you do the following, regardless of the law under which you have adopted a child:

Illegally taking a child to a foreign country

  • If you take or send a child to a foreign country, or arrange for transferring the child to a person in a foreign country, without a valid order from the Court,1 then you can be punished with jail time of up to 3 years and/or a fine of Rs. 1 lakh. 

Abandoning/Neglecting/Abusing the Child

  • If you, as the caretaker/parent of a child under 12 years of age, abandon the child intentionally in any place to wholly abandon the child, you will be punished with jail time of up to 7 years and/or a fine.2 
  • If you, as the caretaker/parent of a child, assault, abandon, abuse, expose or willfully neglect the child3 or cause this to occur, in a manner likely to cause him/her child unnecessary mental or physical suffering, you will be punished with jail time of up to 3 years and/or a fine of Rs. 1 lakh.  If such cruelty makes the child physically incapacitated or mentally ill or renders him/her mentally unfit to perform regular tasks or risks his life, you can be punished with jail time between 3 and 10 years and a fine of Rs. 5 lakhs. 

 

Under the non-religious law on adoption,4 you will be punished if you:

  • Give/receive any orphan, abandoned or surrendered child, for the purpose of adoption without following the provisions of the JJ Act.5 The punishment  for this is jail time up to 3 years and/or a fine of Rs. 1 lakh.  Where the offence is committed by a recognized adoption agency, in addition to the above punishment, the registration of the agency and its recognition shall also be withdrawn for at least one year.

 

Under the Hindu law on adoption,6 you will be punished if you:

Receive/give a payment or other reward in return for an adoption.7 For this, the punishment is jail time of up to 6 months and/or a fine, after authorization from the State Government.

  1. Section 56(5), Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]
  2. Section 317, Indian Penal Code, 1860.[↩]
  3. Section 75, Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]
  4. Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]
  5. Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]
  6. Hindu Adoption and Maintenance Act, 1956.[↩]
  7. Section 17, Hindu Adoption and Maintenance Act, 1956.[↩]

Help and Support

If you require any help, support or you want to raise an issue regarding the adoption, you can contact the following authorities: 

Child Adoption Resource Authority (CARA)

CARA primarily deals with non-religious adoption1 of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.

  • Helpline of CARA: 1800-11-1311.You may call this number between 9:00 AM to 5:30 PM between Monday to Friday. 
  • Email Address of CARA: carahdesk.wdc@nic.in 

 

  1. Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]

Role of Courts

The Courts play a very important role during the adoption procedure. Given below are some of the important roles played by the Court:

 

Adoption Order (Non-Religious Law)1 

Under the non-religious law on adoption,2 the Court receives the application from the SAA (Specialized Adoption Agency) with the relevant documents of the child so that the Court can assess whether an adoption order can be granted. The application would include:

  • Details of the SAA and co-applicants (if there are any) like Child Care Institutions
  • Details of the prospective adoptive parent(s) such as name, child adoption resource information and guidance system registration number
  • Details of the child that is going to be adopted
  • The fact that the child has been declared legally free for adoption
  • The fact that the adoptive parents have signed a Pre-adoption foster care affidavit allowing social workers of the SAA, DCPU (District Child Protection Unit) to make home visits
  • Copy of the decision of the Adoption Committee 

Read a format of the application here to understand what other details are included in the application. By passing this adoption order, the Court would be granting permission to the parents to be the adoptive parents of the child. Before passing the adoption order, the Court has a duty to keep in mind:3 

  • That the adoption is for the welfare of the child
  • That the wishes of the child are taken into consideration, based on age and understanding of the situation
  • That the adoptive parents have not agreed to or received any payment or reward for the adoption
  • That the adoption proceedings in Court  should be in – camera proceedings.

 

Permission to Adopt (Hindu Law)

Under the Hindu law on adoption,4 the guardian requires the Court’s permission to adopt a child, or give him up for adoption, in the following cases:5 

  • where both the father and mother are dead; 
  • where both the father and mother have completely and finally renounced the world; 
  • where both the father and mother have abandoned the child; 
  • where both the father and mother have been declared to be of unsound mind by the court concerned; 
  • where the parentage of the child is not known. 

 

Appeal (Non-Religious Law and Hindu Law)

Under the non-religious law on adoption, if you are not satisfied by the orders given by the relevant authorities while adopting a child or if you adoption application has been rejected, you may appeal to the Children’s Court, within 30 days of the relevant order.6 However, even if more than 30 days have passed, you can attempt to appeal, and it will be entertained if the Court believes you have sufficient reason for not being able to appeal within the stipulated 30 days. If you are not satisfied with the order given by the Court, you may file an appeal to the High Court of your state.7 

  1. Sections 12 and 17, Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]
  2. Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]
  3. Section 61, Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]
  4. Hindu Adoption and Maintenance Act, 1956.[↩]
  5. Section 9(4), Hindu Adoption and Maintenance Act, 1956.[↩]
  6. Section 101(1), Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]
  7. Section 101(5), Juvenile Justice (Care and Protection of Children) Act, 2015.[↩]

How can you go to Court for Domestic Violence?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

If you have faced domestic violence, then you can file an application with the Court (Civil Court, Family Court or Criminal Court) for immediate help and protection1. You should take the help of a lawyer and if you do not have one or from protection officers, NGOs, etc. who will put you in touch with legal aid services.

The Court will first look at whether your case is domestic violence under the law by seeing if:

The Court will serve a notice to the harasser(s) with the help of the Protection Officer and will hear your case within 3 days of filing the application. The Court will help you out by giving temporary orders for protection, financial assistance and support2.

Court Orders

Once the Court is satisfied that your case is one of domestic violence, your lawyer can ask the Court for the following3:

An order to stay in your house. This is known as a residence order.

  1. Section 18, The Protection of Women from Domestic Violence Act, 2005.[↩]
  2. Section 12 and 13, The Protection of Women from Domestic Violence Act, 2005.[↩]
  3. Sangita Saha v. Abhijit Saha and Others. (2019) SCC OnLine SC 559.[↩]

What is a Residence Order under Domestic Violence law?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

If you are being thrown out of your shared household (house) by your harasser or you don’t feel safe living in your house, you can approach the Court for help with the assistance of a lawyer or a Protection Officer. The residence order will help you1:

Stay in the House

By way of a residence order, the harasser may be asked not to throw you out or force you to leave the house. You have a right to stay in the house wherein you lived there together as a couple  i.e. as husband and wife2 or live-in partners, even if:

  • You don’t have any legal share, title or right in the house.3
  • The harasser does not live in that house anymore.4
  • The harasser does not have any legal share, title or right in the house.5

Keep you away from the Harasser

The harasser may be asked to:

  • Leave the house.6 This may also include the relatives of the harasser but the Court can only direct such orders against a male harasser.7
  • Not enter the premises of the house.1

Help you get alternative accommodation

The harasser may be asked to:

  • Give you a portion of the house to live in along with all the necessary amenities for a comfortable and dignified stay8 and not enter your portion of the house.1
  • Pay for9 or buy another house for you, if needed8 and provide monetary relief by paying rent.1

Protect finances and property

The harasser may be asked not to:

  • Sell, lease or mortgage the house.
  • Renounce rights in the shared household, for example, by alienating or disposing the shared household.10

The Court may also ask the harasser to follow any other conditions that are required to protect you and your children.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

  1. Section 19, The Protection of Women from Domestic Violence Act, 2005.[↩][↩][↩][↩]
  2. Section 2(f), The Protection of Women from Domestic Violence Act, 2005.[↩]
  3. Section 19(a), The Protection of Women from Domestic Violence Act, 2005 ; Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari  I (2018) DMC 123 Bom.[↩]
  4. Lalita Toppo v. State of Jharkhand & Anr.  2018 (4) RCR (Criminal) 976.[↩]
  5. Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari  I (2018) DMC 123 Bom.[↩]
  6. Sabita Mark Burges v. Mark Lionel Burges  2013 (5) Bom CR 387; Manju Sharma v. Ramesh Sharma CRL.O.P.(MD)No.12092 of 2008.[↩]
  7. Meenavathi v. Senthamarai Selvi Crl. O.P. (MD) No. 12092/2008.[↩]
  8. V.D Bhanot v. Savita Bhanot (2012) 3 SCC 183.[↩][↩]
  9. Ajay Kumar Jain v. Baljit Kaur Jain 2009 SCC OnLine DEL 1538.[↩]
  10. Navleen Kler Bhatia v Sarabjit Singh Bhatia.,Criminal Appeal No.No. 28/2011 ID No. 02406R0298502011[↩]

How can you get Compensation or Money for Domestic Violence?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

To get money or compensation from the harasser, you can file an application1 with the Court asking for monetary relief with the help of a lawyer or a Protection Officer. The Court will pass an order to compensate you and your child/children for all the losses and injuries you have suffered as a result of the violence and abuse. You may get the money either on a monthly basis or as a lump sum as decided by the Court. The amount of money you can get will be determined by the Court keeping in mind the standard of living you are used to2. Among other things, the harasser may be asked to pay you money for:

  • Your lost income. For example, loss of earning in situations where you were not allowed to work or if you did not receive a salary because you were in the hospital for a month because of violence.
  • Physical injuries and medical expenses. For example, hospital bills and money for medicines.
  • Loss due to damage to your property or property being taken away. For example, your jewelry or land that you owned. The Court may ask the harasser to return such valuable items back to you3
  • Upkeep for your life. For example, paying rent for the house, living expenses for your child and yourself, etc.
  • Mental torture and emotional distress. For any distress caused to you which has affected your work or your life.4

Laws you can use

There are two laws under which you can ask the Court to make the harasser pay money to you – domestic violence law (Section 20/22) and criminal law (Section 125, CrPc). You can ask your lawyer to claim monetary relief using both laws5.

In case of failure of payment

If your harasser does not give you the money, as ordered by the Court, you should inform  the Court with the help of a lawyer. The Court will then ask:

  • The harasser’s employer/boss to pay the amount to the Court and deduct it from his salary.

Any other person6 who owes the harasser money to pay the amount to the court which will then be given to you.

  1. Section 20, The Protection of Women from Domestic Violence Act, 2005; Section 125, The Code Of Criminal Procedure,1973.[↩]
  2. Sunil Singh v. Smt Neetu Singh 2011 SCC OnLine Del 5506[↩]
  3. Section 19, The Protection of Women from Domestic Violence Act, 2005.[↩]
  4. Section 22, The Protection of Women from Domestic Violence Act, 2005.[↩]
  5. Prakash Babulal Dangi v. The State of Maharashtra & Anr.Petition for Special Leave to Appeal(Crl.) Nos.10280-10281/2017.[↩]
  6. Section 20(6), The Protection of Women from Domestic Violence Act, 2005.[↩]