'Not emotions, Law is supreme': Telangana HC judge in illegal adoption case

The couple, married in 2014 and without children, had initially applied for adoption through official channels.

Telangana High Court

HYDERABAD: Holding that illegal adoptions cannot be regularised on the basis of emotional bonding, Justice Madhavi Devi of the Telangana High Court has declined to grant custody of a child to adoptive parents. Stating that any deviation from the legally prescribed adoption process would encourage trafficking, the judge ruled in favour of the government in a case involving illegal adoption.

The writ petition was filed by Muthineni Venkanna against the action of district authorities in taking custody of a two-year-old girl, Sharanya, and placing her in a Child Protection Centre. Venkanna sought restoration of custody, claiming that he and his wife had adopted the child through traditional rituals and raised her since infancy.

The couple, married in 2014 and without children, had initially applied for adoption through official channels. In May 2023, however, they allegedly obtained the one-month-old child through one Nakka Yadagiri, who is accused of operating a child trafficking racket. A criminal case was later registered in 2025 under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Bharatiya Nyaya Sanhita, alleging sale and procurement of a child for consideration. The petitioner and his wife were named as accused.

The government opposed the plea, stating that the adoption violated CARA guidelines and that the child was procured through trafficking. It also argued that the Supreme Court order cited by the petitioner was passed under Article 142 of the Constitution and did not constitute a binding precedent.

Justice Madhavi Devi held that the adoption was not carried out through lawful means and noted that Section 81 of the Juvenile Justice Act criminalises the sale and purchase of children. The judge said emotional bonding could not override statutory safeguards, as granting relief would legitimise illegal adoptions and encourage trafficking. The judge accordingly dismissed the writ petition, holding that the law and CARA guidelines must be strictly followed.