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Where do you go for Legal Aid

You can approach the following authorities for applying for legal aid:

State Legal Services Authorities – They are in charge of governing and providing legal aid services in their particular state and governing the same at the District and Taluk level. For example, in New Delhi, it is known as the Delhi State Legal Services Authority. Read here to see the list of state authorities.
District Legal Services Authorities – The powers and functions of this Authority are determined by the respective State Legal Service Authority and providing legal aid in the district. Generally, you can approach this authority if you require help and support, to submit an application for legal aid, etc. and they will be able to direct you. It coordinates the activities of the Taluk Legal Services Committee and other legal services in the District, organizes Lok Adalats, etc.
Supreme Court Legal Services Committees – Its functions include receiving applications for legal services, maintaining a panel of advocates to provide legal advice, determining costs related to legal services, etc.
High Court Legal Services Committees – Its functions are the same as the Supreme Court Legal Services Committees, but they are to be performed at the state level and these functions have been prescribed by the state authority.

Where can contempt of court happen?

Contempt of court can happen anywhere – inside court, outside court, on social media. etc. Further, contempt proceedings can be taken up by either the Supreme Court, High Court, or Tribunals. However, the procedure to initiate proceedings will differ based on the place where the alleged contempt happens.

When contempt happens before the court

In such a case, the court can take a person into custody and try their case on the very same day or at the earliest possible opportunity.(( Contempt of Courts Act, 1971, Section 14(1))) The person will be informed of the charges against them, and will be given an opportunity to make their defence.(( Contempt of Courts Act, 1971, Section 14(1))) They can also apply to have their case heard by any other Judge(s), who is not the Judge(s) in whose presence the alleged contempt was committed.(( Contempt of Courts Act, 1971, Section 14(2).)) The offender will be in custody till the charge against them is determined.(( Contempt of Courts Act, 1971, Section 14(4).))

However, they can be released on bail, by executing a bail bond to guarantee their future attendance. To understand more on the bail, read our explainer on ‘Bail’

When contempt does not happen before the court

In such a case, the court can take up a case on its own or take up such a case which is referred to them by a legal officer.(( Contempt of Courts Act, 1971, Section 15(1))). Such a reference can be made by the:

Attorney General or Solicitor General, in case of the Supreme Court.(( Section 15(1)(a), read with Explanation (a) of Section 15, Contempt of Courts Act, 1971.))
Advocate General, in case of High Courts.(( Section 15(1)(a), read with Explanation (b) of Section 15, Contempt of Courts Act, 1971.))
The Law Officer specified by the Central Government, in case of the court of Judicial Commissioner.(( Section 15(1)(a), read with Explanation (c) of Section 15, Contempt of Courts Act, 1971.))

If the contempt happens against a Subordinate Court

In case the contempt happens against a Subordinate Court, like a District Court, the matter has to be referred to the High Court, by:

The Subordinate Court or
The Advocate General of the State or
The Law Officer specified by the Central Government, in relation to a Union Territory.(( Section 15(2), Contempt of Courts Act, 1971.))

To understand how individual citizens can file a complaint for contempt of court, read our explainer on ‘Who can file a complaint’.

False case/statements against SC/ST

Filing a false case against an SC/ST member as well as giving false information to a government official that causes the official to harass an SC/ST member are both illegal. For example, if you go to the police and falsely accuse an SC/ST member for a crime, you may be punished.

If an SC/ST member is falsely accused of:

A crime punishable by death, you will face life imprisonment and a fine.
A false statement which causes the SC/ST member to be given the death penalty, you may face the death sentence.
A crime punishable with 7 years or more of imprisonment, you will face imprisonment of a term of 6 months to 7 years.

How to Apply for Legal Aid?

When you apply for legal aid, you will require the following documents at the minimum:

A proof of identification: Aadhar Card is most commonly accepted, but you can ask if your State’s authority accepts other proofs.
An affidavit proving you are eligible for legal aid. For example, if you are claiming you are eligible because your income is below the level specified, then you will have to give an affidavit of your income, as proof.

Apart from the two documents given above, please ask your nearest Legal Authority Office for more details on the documents required, as the procedure varies across states.

You can apply for free legal aid in four ways(( FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs; National Legal Services Authority- Getting Started Guide, https://nalsa.gov.in/lsams/pdf/NALSA-Getting_Started_Guide_0.1.pdf; Claiming Free Legal Aid / Application Procedure, National Legal Service Authority, https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure.)):

Online (Through the Website)
Online (By Email)
In-person (In Writing)
In-person (Orally/Speaking directly to the authorities)

Online Procedure (Through the Website)

Step 1: You should log in on the National Legal Services Authority’s website here.

Step 2: You should fill in all the required details, which have been divided into six parts: Legal Aid Application, Legal Aid, Personal Details, Legal Aid Details, Case Details and Attach Document. For detailed instructions on filling the form, please see here.

Step 3: Once you have filled out the form, and attached the required documents as per your case, click on “Submit”.

Step 4: You can track the status of your application here.

Online Procedure (By Email)

You can send your application online to this email address. If you choose this option, ensure you add the necessary details, such as your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc.(( Claiming Free Legal Aid / Application Procedure, National Legal Service Authority, https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure.))

In-Person Procedure (In Writing)

Step 1: You should go to the front office of the nearest Legal Services Authority. You can approach NALSA anytime between Monday and Friday – from 9:30 am to 6 pm. The address of NALSA is 12/11, Jam Nagar House, New Delhi-110011(( Claiming Free Legal Aid / Application Procedure, National Legal Service Authority, https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure.)). The other Legal Services Authorities in your state, district or taluk can also be approached within their office hours at their addresses which can be checked on their respective websites. You can access the website of your state’s Legal Services Authority through the list given here.

Step 2: You should fill up the ready-made form/application form that is available. You can also find this form online. For example, for Delhi, you can access the form here. You can also make an application in writing on a simple piece of paper with the necessary details such as your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc.

Step 3: You should submit the filled-out form/application at either the authority physically, or post the application to the authority. They will guide you on the next steps to take, clarification or other documents required.

In-Person Procedure (Orally)

It is also possible to make your application orally – a paralegal volunteer or an officer will assist you in such cases at the front office of the legal service authority.

Once your application has been accepted, it will be processed and you will receive confirmation about whether or not you will receive legal aid.

Who can you complain to about a grievance under contempt law?

Any person can file a complaint against a third party on an alleged offence of contempt of court. Such an application can be forwarded to either the Supreme Court, High Court, or to the court of Judicial Commissioner in cases of Union Territories, in the form of a petition. However, such an application can only be made with the written consent of:

Attorney General or Solicitor General, in case of the Supreme Court.(( Section 15(1)(b), read with Explanation (a) of Section 15, Contempt of Courts Act, 1971.))
Advocate General, in case of High Courts.(( Section 15(1)(b), read with Explanation (b) of Section 15, Contempt of Courts Act, 1971.))

The Law Officer specified by the Central Government, in case of the court of Judicial Commissioner.(( Section 15(1)(b), read with Explanation (c) of Section 15, Contempt of Courts Act, 1971.))

Help and Support

You can reach out to the National Legal Services Authority to lodge a complaint here. You can lodge a grievance and track your application.

You can email or call the state-wise authorities (Legal Service Authorities) given below in case of a grievance, or if you need help and support.

State	Helpline Number/Contact Number	Email Address	Postal Address
Delhi	1516	dslsa-phc@nic.in, dlsathebest@rediffmail.com	Delhi State Legal Services Authority, Central Office, Pre – Fab Building, Patiala House Courts, New Delhi.
Haryana	18001802057	http://www.hslsa.gov.in/helpline	Haryana State Legal Services Authority, Institutional Plot No.09,Sector-14 Panchkula (Near Kisan Bhawan)
Kerala	+91 9846 700 100	kelsakerala@gmail.com	Member Secretary, Office of the Kerala State Legal Services Authority, Niyama Sahaya Bhavan, High Court Compound Ernakulam, Kochi, Kerala State
Himachal Pradesh	+91 94180 33385 15100 (toll-free) Nyaya Sanyog: 0177-2629862	mslegal-hp@nic.in	The Member Secretary, HP State Legal Services Authority, Block No. 22, S.D.A. Complex, Kasumpti, Shimla
Maharashtra	1800 22 23 24	mslsa-bhc@nic.in	105, High court (PWD) Building, Fort, Mumba.
Gujarat	18002337966	msguj.lsa@nic.in	3rd Floor, Near Gujarat High Court Post Office, Gujarat High Court Campus, Sola, Ahmedabad
Madhya Pradesh	15100	mplsajab@nic.in
Assam	0361-2601843, 2516367	mailto:assamslsa1@gmail.com	Assam State Legal Services Authority, Adjacent to Gauhati High Court New Block
Orissa	0671-2307071	oslsa@nic.in	Odisha State Legal Services Authority, S.O.20, Cantonment Road (Gopabandhu Marg), Cuttack
Tamil Nadu	1516	tnslsa.lae@gmail.com	Tamil Nadu State Legal Services Authority, North Fort Road, High Court Campus, Chennai
Karnataka	1800-425-90900	Karslsa@gmail.com	Karnataka State Legal Services Authority, Nyaya Degula Building, 1st Floor, H.Siddaiah Road, Bengaluru

Further, if you do not find your lawyer suitable for your needs and want a different one, you can request this. Read more here.

Who are the authorities under the law?

The Constitution of India, 1950 empowers the Supreme Court¹ and High Courts(( Article 215, Constitution of India, 1950.)) to have the powers to punish for contempt. This means that if a person is held for contempt against any Subordinate Court like the District Court, the respective High Courts of the State shall have the power to punish such a person.(( Section 10, Contempt of Courts Act, 1971.)) Here, the term ‘High Court’ will also include the court of the Judicial Commissioner in a Union Territory.(( Section 2(d), Contempt of Courts Act, 1971.))

Subordinate Courts do not have the power to punish for contempt of courts,(( Delhi Judicial Service Association, Tis Hazari Court v. the State of Gujarat, (1991) 4 SCC 406.)) and they have to rely on their respective High Courts to punish those held for contempt.(( Section 10, Contempt of Courts Act, 1971.))

Tribunals and contempt of court

Some tribunals have the power to punish for contempt. However, one would have to look at the law establishing the tribunal to see whether that particular tribunal has the power to punish for contempt and to know the procedure before the tribunal. For example, the Central Administrative Tribunal has the independent power to punish for contempt,(( Section 17, Administrative Tribunals Act, 1985.)) as well as the Industrial Tribunal has such powers.²

Article 129, Constitution of India, 1950. [↩]
Industrial Disputes (Appellate Tribunal) Act, 1950. [↩]

Rights of Victims and Witnesses

This special law guarantees certain rights to the victims, their dependents and those acting as witness to the complaints filed under this law. These rights are:

Protection from violence

Victims, their dependents and witnesses must be protected from any kind of intimidation, coercion, inducement, violence or even threats of violence.
The investigation officer or the Station House Officer must record the complaint of a victim, informant or witnesses by way of an FIR if they are being intimidated, coerced, induced, harassed or even threatened with violence. A copy of the FIR must be given to them free of cost.

Right to be treated with Dignity

Victims should be treated with fairness, respect and dignity. If there are any special needs of victims owing to their age, gender or educational disadvantage, the same must be given due regard.

Rights in Court

The Special Public Prosecutor or the government officials must inform the victims or their dependents of any court proceedings about to take place under this law. They have a right to reasonable, accurate and timely notice of any court proceedings, even when the accused person applies for bail.
The victims or their dependents have the right to request production of documents, materials or witnesses from other parties by making a request to the Special Court.
Victims and their dependents have a right to be heard in proceedings related to the bail, discharge, release, parole, conviction or sentence of the accused person. They also have a right to make written submissions on conviction, acquittal or sentencing of the accused person.
All court proceedings under this law must be video recorded.

Special Protection

The Special Court must provide the victim, their dependent, witnesses or informants:
- Complete protection to ensure delivery of justice
- Travelling and maintenance expenses during investigation, inquiry and trial
- Socio-economic rehabilitation during investigation, inquiry and trial
- Relocation
Either the Special Public Prosecutor or the victims, their dependents, witnesses and informants can make an application to the Special Court to:
- Conceal their names and addresses of the witnesses in the orders, judgements or any records of the case that are publicly available.
- Issue directions to not disclose the identity and address of the witnesses.
- Take immediate action on a complaint relating to the harassment of a victim, informant or witness and if necessary pass orders for protection on the same day.

Appeal

If you are not satisfied with the decision given by the relevant Legal Service Authority on your application for a grant of legal aid, there is a provision to appeal against the decision.

To appeal, you can appeal to the Executive Chairman or Chairman of the relevant Legal Services Authority(( Regulation 7(5), National Legal Services Authority (Free and Competent Legal Services) Regulations 2010.)). The decision resulting from the appeal would be a final one.

What are the offences and punishments under this law ?

When one is held guilty of contempt, they have the option to apologize to the court and save themselves from any other punishments.(( Proviso to Section 12(1), Contempt of Courts Act, 1971.)) However, such an apology should be genuine and not merely a ruse to save oneself from punishment.(( MC Mehta v. Union of India, (1987) 4 SCC 463.))

Punishment for Contempt of Court

The punishment for civil and criminal contempt is the same. In situations where the court is not satisfied with the apology or if the person is unwilling to apologize, the court can punish the offender for contempt. The punishment is fine of up to Rs 2,000, or jail time up to 6 months, or with both. However, this limit is only applicable for the High Courts and not for the Supreme Courts. For the Supreme Court, this limit will only serve as a guide to the punishments that can be given and they can increase the fine amount.(( Zahira Habibullah Sheikh & Anr v. State of Gujarat & Ors, (2004) 4 SCC 158.))

Moreover, the court has the option not to punish the offender if the court is of the opinion that the person has not substantially prejudiced the court.(( Section 13(a), Contempt of Court Act, 1971.))

Denial/Withdrawal of Legal Aid Services

After you fill out your application for legal aid, it can be denied or accepted. It can also be withdrawn at a later stage after the application has been accepted and legal aid has been provided.

Denying Legal Aid

Legal aid can be denied¹:

if a person is found ineligible.

Withdrawing Legal Aid

Legal aid can be withdrawn in the following circumstances¹:

Where the person who applied under the income category is found to possess sufficient means to pay for legal services required.
Where the person obtained legal services by misrepresentation or fraud.
Where the person does not cooperate with the Legal Services Authority/Committee or with the legal services lawyer.
Where the person engages a legal practitioner, like a lawyer, other than the one assigned by the Legal Services Authority/Committee.
Where the person has died, except in the case of civil proceedings where the right/liability is still present
Where the application for legal service or the matter in question is found to be an abuse of the process of law or of legal services.

FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs. [↩] [↩]

What are the costs involved in exercising rights under this law?

For filing a petition for contempt, a certain amount of court fees have to be paid along with it. For contempt proceedings, the court fees are determined by the rules of the respective High Court or the Supreme Court. However, in the Supreme Court, the court fees do not have to be paid for the petition or any additional documents filed in the proceedings.(( Rule 4(d), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.)) Take the help of a lawyer to understand the respective court fees charged by the High Court of the state.

Reporting Child Marriages

Anyone can file a complaint of child marriage, including the child. It doesn’t matter whether the child marriage has taken place or not as it can be filed at any time before or after the marriage. A complaint can be made to any of the following authorities:

Call 1098

1098 is a toll-free number and it operates across India. It is operated by Childline India Foundation which works for child rights and child protection. Anyone, including children themselves, can call and give information on this number. You should educate children at schools or children who are working, about this helpline number so that illegal acts of child marriage can be prevented.

Police

You can call the Police on 100 to report:

About a child marriage that is taking place or
A child marriage that is about to take place.

Alternatively, you can even go to a Police Station where you can file an FIR and report the same.

Child Marriage Prohibition Officer

You can approach the local Child Marriage Prohibition Officer and report a child marriage to him. He will immediately proceed to take action against the persons responsible.

Child Welfare Committee

You can even approach your local Child Welfare Committee established under the law for juvenile justice to look into the matter. For example, in Delhi you can contact the committees based on the districts.

File a Complaint with the Court

You can even directly file a complaint with the Judicial Magistrate (First Class) or the Metropolitan Magistrate. The Court will order the Police or the Child Marriage Prohibition Officer, as required to take action.

Receiving Legal Aid After Application

Once you have submitted your application for free legal aid, the following happens¹:

Step 1: Your application will be scrutinized by the relevant Legal Services Authority to determine what is to be done.

Step 2: Once the scrutiny of the application is complete, information about whether your application has been accepted/rejected will be provided to you in the following ways:

If the application was made in person/ physically at any Legal Services Authority: An address (either residential address or email address) for correspondence is noted and information regarding the application is sent to the same.
If the application is made online via the NALSA website or the online portals of the Legal Services Authorities: An application number is generated, and you can track the status of the application on the online portal itself.

The decision on the acceptance/rejection of the application is to be decided immediately and not more than 7 days from the date of the receipt of the application.

Step 3: Once the application is accepted, you will be given information on the assignment of the lawyer. The assigned lawyer and you will be given a letter of appointment (vakalatnama) along, and the lawyer is required to contact you immediately, or you can initiate the contact.

FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs;

Procedure After Filing, Legal Services Management System, National Legal Service Authority, https://nalsa.gov.in/lsams/nologin/procedureAfterFiling.action. [↩]

How do you file a complaint for contempt?

The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts. According to the rules of the Supreme Court, a contempt petition should contain:

The name, description and place of residence of the complainant(s) and of the persons charged (with the alleged contempt).(( Rule 4(a)ii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))
Nature of the contempt alleged, and facts, including the date or dates of commission of the alleged contempt.(( Rule 4(a)(ii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))
If a petition has previously been made on the same facts, the complainant has to give the details of the petition previously made and also indicate the result of the case.(( Rule 4(a)(iii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))

The petition has to be supported by an affidavit and any document (s) in possession of the complainant. The document should be either the original or a true copy.(( Rules 4 (b) & (c), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.)) To understand who to file a complaint to, read the explainer on “Who can you complain to regarding a grievance under the law?”

Power of the Court to Stop Child Marriage

When the Court receives credible information that a child marriage has been arranged or is about to take place, it can issue an order prohibiting the persons from conducting and organizing such marriages.

The accused person can apply to the Court to either revoke this order or even alter it. The Court can even do this on its own motion.

Any child marriage that takes place after the order has been issued will not be a valid marriage.

Circumstances of Court Intervention

The Court can intervene:

On its own, or
On the basis of a complaint filed by a Child Marriage Prohibition Officer or any Non Governmental Organization (NGO), or
In some cases, such as on days of Akshaya Tritiya which is an auspicious time for marriages, the Court can also act as the Child Marriage Prohibition Officer and have all the powers of this Prohibition Officer to prevent child marriages from taking place, or
Any person who has personal knowledge about a child marriage which may take place.

Notice Issued by Court

Before passing this order the Court must issue a notice to the person accused under this law to give an opportunity to defend themselves.

However, in urgent cases, the Court has the power to issue an interim order (before the final order) stopping the marriage, without giving notice to the person(s) accused.

Punishment

If a temporary order has been issued against you and you do not follow it, you will be punished with jail time of up to two years and/or fine up to one lakh rupees.

Is there a right to appeal against a contempt of court decision?

Yes, a person punished for the offence of contempt of court (both civil and criminal contempt) has the right to appeal in the following ways:

Punishment Passed By?	Who can you appeal to?	Time Limit
Single Bench of the High Court	Bench of 2 or more Judges of the same High Court	30 days¹
Bench of more than one Judge of the High Court	Supreme Court	60 days.(( Section 19(4)(b), Contempt of Courts Act, 1971.))
Judicial Commissioner of a Union Territory	Supreme Court	60 days.(( Section 19(4)(b), Contempt of Courts Act, 1971.))

The law only allows a person to appeal against the decision once. If the appeal fails, no further remedy is present under the Contempt of Courts Act, 1971. However, the Constitution of India allows an appeal against any judgment of any court, including the High Court. This is done through a unique form of a petition, known as the ‘Special Leave Petition’.(( Article 136, Constitution of India, 1950.)) The Supreme Court has the option to decide whether or not to hear an appeal arising out of the Special Leave Petition.(( Article 136, Constitution of India, 1950.))

Section 19(4)(a), Contempt of Courts Act, 1971. [↩]

Who is a Marriage Officer?

A marriage officer is a person appointed by the State Government after notification in the Official Gazette. The main duty of a marriage officer is to facilitate the registration and provide the certificate of marriage to the parties.(( Section 3, The Special Marriage Act, 1954.))

Child-Friendly Court Process

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

There are Special Courts set up to deal with child sexual abuse because of the sensitivity of the issue. Unlike normal Courts, these Courts are supposed to follow a special procedure to make sure that the child feels safe and comfortable.

If a child is the victim of sexual assault, the Special Court must ensure some child-friendly procedures for the child:

Ensuring the presence of familiar people through the legal process

The Court will allow the child’s family member/relative/friend or guardian to be present with them during the trial(( Section 33(4), The Protection of Children from Sexual Offences Act, 2012.)).

Ensuring that the legal process is not strenuous for the child

The Court will:

Allow frequent breaks for the child during the trial(( Section 33(3), The Protection of Children from Sexual Offences Act, 2012.)).
Not call the child to the Court repeatedly to testify(( Section 33(5), The Protection of Children from Sexual Offences Act, 2012.)).
In special circumstances, the child need not come to Court and make statements. The Court will ask an officer of the Court to examine the child at their home. The Court can take the help of a qualified translator or interpreter or special educator when recording the child’s evidence.(( Section 19 and 38(1)(2), The Protection of Children from Sexual Offences Act, 2012.))
Try and ensure that the evidence is recorded within 30 days and the trial is completed within one year(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).

Protecting the child from the accused and the public

The Court must ensure that the child is not exposed to the accused in any way during the trial. However, the accused can hear the child’s statement. Some examples of how Courts do this include one-sided mirrors, curtains or through a video call(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).
The Court must have private court proceedings so that the media cannot report about the happenings in Court(( Section 37, The Protection of Children from Sexual Offences Act, 2012.)).

Questioning of a Child

Due to the sensitivity of the issue and for the protection of the child, the lawyer of the accused is required to conduct the court process in a certain manner.

The lawyer cannot question the child directly. The lawyer will present the questions to the Special Court which will then question the child(( Section 33(2), The Protection of Children from Sexual Offences Act, 2012.)).

The lawyer cannot question the character of the child, for example, by saying that the child has a history of lying to their parents(( Section 33(6), The Protection of Children from Sexual Offences Act, 2012.)).

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)(( Sections 12 and 17, Juvenile Justice (Care and Protection of Children) Act, 2015.))

Under the non-religious law on adoption,(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) 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:(( Section 61, Juvenile Justice (Care and Protection of Children) Act, 2015.))

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,(( Hindu Adoption and Maintenance Act, 1956.)) the guardian requires the Court’s permission to adopt a child, or give him up for adoption, in the following cases:(( Section 9(4), Hindu Adoption and Maintenance Act, 1956.))

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.(( Section 101(1), Juvenile Justice (Care and Protection of Children) Act, 2015.)) 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.(( Section 101(5), Juvenile Justice (Care and Protection of Children) Act, 2015.))