The Bombay High Court has upheld the constitutional validity of the 2021 amendment to the Juvenile Justice (Care and Protection of Children) Act, which transfers the power to issue adoption orders from courts to District Magistrates.
A Division Bench of Justices Bharati Dangre and Manjusha Deshpande dismissed writ petitions challenging the amendment, which replaced the role of civil courts with District Magistrates in adoption proceedings. The petitioners had argued that adoption involves a judicial function and entrusting such powers to executive authorities violates the principles of separation of powers and could adversely affect the welfare of children.
Rejecting these contentions, the Court held that District Magistrates are competent to discharge such functions, noting that they already perform several quasi-judicial roles under various statutes. It further observed that the adoption process is guided by a robust statutory framework, including detailed regulations framed by the Central Adoption Resource Authority (CARA), ensuring that the welfare of the child remains paramount.
The Court also emphasised that the legislative intent behind the amendment was to address delays in adoption proceedings and streamline the process by vesting authority in District Magistrates, who are positioned to coordinate among multiple stakeholders at the district level.
Addressing concerns regarding lack of judicial expertise and enforceability of orders, the Court found such apprehensions to be unfounded, noting that District Magistrates have been trained under the revised framework and are supported by institutional mechanisms, including digital platforms and structured timelines for adoption procedures.
The Bench also held that the transfer of powers does not violate the doctrine of separation of powers, observing that executive authorities are often entrusted with quasi-judicial functions under various statutory schemes.
Consequently, the Court dismissed the petitions and vacated the interim stay, allowing adoption matters to be processed by District Magistrates going forward. However, it clarified that adoption orders previously passed by courts would remain valid.
Appearances:
Mr. Vishal Kanade, with Ms. Tanaya Patankar, instructed by Mr. Sameer Sawant, for the Petitioners in Writ Petition No. 1085 of 2023.
Mr. Avinash Gokhale, with Ms. Amrin Khan, for the Petitioners in Writ Petition No. 205 of 2023.
Mr. Anil Singh, Additional Solicitor General, with Ms. Savita Ganoo, Mr. Aditya Thakkar, Mr. Adarsh Vyas, and Ms. Rama Gupta, instructed by Ms. Anusha Amin, for the Union of India.
Mr. Danish Qureshi, instructed by M/s. Mahimtura & Co., for Respondent Nos. 4 and 5.
Ms. P. H. Kantharia, Government Pleader, with Ms. Jyoti Chavan, Additional Government Pleader, for the State.
