Nothing can be more dangerous than when children are sold, the Supreme Court observed on Thursday, reacting to irregularities in the adoption process in the country.
Suggesting that this situation cannot be allowed to prevail, the top court made all states a party in a petition that sought to reassess how children from orphanages are adopted.
The mode and method of adoption in various stages came under judicial scrutiny when the top court was informed that orphans in West Bengal were being trafficked.
“A right of a child in a society is sacred, for the future of the country depends upon the character and destiny of the child, and the State has a great role in that regard. It is in the realm of protection,” the bench headed by Chief Justice Dipak Misra said.
“In view of the aforesaid, it is necessary to have a comprehensive view of the entire country pertaining to running of orphanages, the mode and method of adoption, the care given and the treatment meted out to the children,” ruled the bench, which also had Justices AM Khanwilkar and DY Chandrachud.
Taking a harsh stand over the trafficking of orphans, the top court emphasised that “a child cannot be bartered away at the whim and fancy or selfishness of the person In-charge of orphanages.” The bench added, “the person concerned may be liable for violation of human rights.”
“The language employed in the aforesaid dictionary clause (of the Human Rights act), seems to us to include the dignity of the individual and in that compartment dignity of a child deserves to be covered.
Furthermore, the top court sought a response from each state on why states had not established a special human rights court in every district as mandated by a 1993 Act.
“According to us, it is the mandate of the statute to establish Human Rights Courts and to appoint Special Public Prosecutors,” the bench said, giving all states two weeks time to respond.