BENGALURU: Quashing an endorsement issued by a sub-registrar rejecting an application by a couple for registration of an adoption deed, insisting that they get the consent of the child’s biological father, who is a rape accused in jail, the Karnataka High Court has directed the official to register it without any consent.
Justice Hemant Chandangoudar passed the order recently while allowing a petition filed by the 16-year-old victim, mother of the baby to be adopted, her mother and the couple, questioning the endorsement issued on November 11, 2024.
The court noted that the adoption of the child is being done as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Rules, 2016, and Regulation 7(7) of Regulations 2017, which authorises the mother of an illegitimate child to surrender for adoption.
The court said when natural guardians are incapable of providing a loving, safe, and nurturing environment, the child, for all practical purposes, falls within the definition of an “orphan”. Failure to give such children in adoption would deprive them of their right to live with dignity, as guaranteed under Article 21.
Hence, adoption in such cases is not only a statutory right, but also a moral obligation to ensure the overall welfare and development of the child, the court said.
The petitioners submitted the application along with the adoption deed dated November 11, 2024 to the sub-registrar, who issued the endorsement stating that the application is incomplete as the biological father of the child to be adopted has not been made an executing party.
A primary question before the court is whether the consent of the biological father of a child born out of rape, who is accused of rape is required, in addition to the consent given by the minor victim mother and her guardian for adoption.
The minor victim, who is a Muslim, lodged a complaint in August at a police station in the city for the offences committed between November 1, 2023, to June 20, 2024, under Pocso Act, 2012, and Section 376, 506 and 34 of IPC. She gave birth to a baby girl on September 30, 2024.