LAXMI KANT PANDEY versus UNION OF INDIA

Citation: [1987] 1 S.C.R. 383 · Decided: 03-12-1986 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Disposed off

Judgment (excerpt)

LAXMI KANT PANDEY 
v. 
A 
UNION OF INDIA 
DECEMBER 3. 1986 
[P.N. BHAGWATI, C.J. AND RANGANATH MISRA, .J.] 
B 
ADOPTIONS 
Children-Adoption by Indian/ Foreign parents-Guidelines/directions 
given to the Scrutinising Agencies udth regard to its servi~es and remuneration. 
Foster Care Homes &. Recognised Placement Agencies-Duty to C 
exchange with one another information regarding Indian Parents wishing to 
adopt lndi~n children. 
A~andoned/destitute children-Duty of Hospitals/Nursing Homes to 
inform Social Welfare Department/Collector regarding discovery or find of D 
such children. 
Hindu Adoptions & Maintenance Act, 1956, s.9(4)-Adoption of 
children~Notice of application-Publication of-Notice need not be 
published. 
Juvenile Courts-Abandoned/ destitute children-Declaration a/-
Release order-Juvenile Court to complete inquiry within one month & pass 
the order-High Court ~o supervise proper vigilance over Juvenile Courts-
Release Order-When can be dispensed with. 
E 
Recognised placement agencies-Duty of Government to publish lists F 
every year-Recognised placement Agencies entitled to recover its costs 
incurred in processing the application from the foreigner. 
The Supreme Court in thejudgm'ent of Laxmi Kant Pandey v. Union of 
India dated 6th February, 1984 and the supplemental judgment dated 27th 
September, 1985 had formulated the normative and procedural s~feguards to G 
be followed in giving an Indian child in adoption to foreign parents. Since there 
were certain difficulties in implementing the aforesaid norms and principles, the 
petitioners moved the present criminal miscellaneous petitions for seeking 
clarification/further directions in the matter. 
Disposing of the petitions, 
H 
// 
384 
SUPREME COURT F.EPORTS 
[1987] I S.C.R. 
A 
HELD: 1. When the court makes an order appointing a foreign parent as 
guardian of a child with a view lo its eventual adoption in the foreign country, 
the court will provide that such amount shall be paid to the scrutinising agency 
for its services as the court thinks reasonabk having regard to the nature of the 
case and the extent and volume of the services rendered by the sorutinising 
agency. In case of an application for ap1~ointment of a foreign parent as 
B •guardian of a child the Court would be ju;tified in directing payment of any' 
reasonable amount varying between Rs. 4:l0 and Rs. 500 but in appropriate 
cases where the courts so think fit. such amount may even exceed Rs. 500-. 
This amount shall be directed to be paid to the scrutinising agency by the 
recognised placement agency and such placement agency shall have the right to 
recover such amount from the foreign parent whose application · for 
c guardianship it has processed. This direction will also apply mutatis mutandis 
In cases where an Indian parent makes an :i.pplication for appointing himself or 
herself as guardian of a child or a Hindu pllrent applies for permission to adopt 
a child under s.9 sub-s.(4) of the Hindu Adoptions and Maintenance Act, 1956 
and the case is referred tO a scrutinising a~:ency by the Court, but in such cases 
the amount to be fixed by the Court for meeting the expenses of the scrutinising 
D 
agency shall not exceed Rs. 150. [387G ·- 388C] 
2.1 All nursing homes and ho,pitals which come across abandoned or 
destitute children or find such childre·.i abandoned in their precincts or 
otherwise shall immediately giYC informa lion in regard to the discovery or find 
of such children to the Social Welfare Department of the concerned 
E 
Government where such nursing homes <Jr hospitals are sitllate in the ~apital of 
the State and in other cases to the Collett or of the District and copies of such 
intimation will also be sent to the Foster Care Home where there is such a home 
run b)' the Government as also to the recognised placement agencies 
functioning in the city or town \\1here such nursing homes or hospitals are 
situate. [388F -
G] 
F 
2.2 Each Indian parent who is regi itered \\'"ith the Foster Care Home or a 
recognised placement agency as a prospective parent wishing to take a child in 
adoption and who has been informed by the recognised placement agency that 
a child i' available for adoption will b<: entitled to information about all the 
children available for adoption in the group specified by him, according to the 
G 
consolidated list maintained by the rec·>gnised placement agency. [3898] 
x 
.I".
3. The Supreme Court had directed in paragraph 22 of the

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