LAXMIKANT PANDEY versus UNION OF INDIA & ORS.

Citation: [1991] 3 S.C.R. 568 · Decided: 14-08-1991 · Supreme Court of India · Bench: RANGANATH MISRA, M.H. KANIA, KULDIP SINGH · Disposal: Case Partly allowed

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Judgment (excerpt)

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LAXMIKANT PANDEY 
v. 
· UNION OF INDIA & ORS. 
AUGUST 14, 1991 
[RANGANATH MISRA, CJ, M.H. KANIA 
AND KIJLDIP SINGH, .IJ.J 
Constitution of India, 1950-Article 32-Writ by child welfare 
agencies-Indian children-Adoption-Procedures laid down in ( 1984) 
2 SCR 795-Modificatiol!. 
The writ petitioners-some of the licensed welfare agencies con· 
templated under the judgment of this Court in (1984) 2 SCR 795, and 
petitioner No. 2, the Central Voluntary Adoption Resource Agency 
prayed that the Indian children adopted to be allowed to retain their 
citizenship till they attain the age of majority; that birth certificates to 
be issued based upon attested copies of Court's certificate (decree), 
adoption deed or affidavits of the officials of the licensed agencies; that 
quota fixed for placement of children with Indian families he quashed; 
that show cause notice be is:sued before cancellation of registration/ 
licence to the registered agency; that setting up of Central Adoption 
Resource Agency be stayed; that to enable the agencies to maintain high 
standards of care for the children, expenses by about 25% be revised 
and annual escalation of 10% be made; and that transfer of children 
from statutory homes to recognised agencies for placement be allowed. 
Partly allowing the writ petition, this Court, 
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HELD: I. If the Indian citizenship is allowed to continue until the 
adopted child attains the age of majority, it would run counter to the 
need of quick assimilation and may often stand as a barrier to the 
requirements of the early cementing of the adopted child into the adop· 
live family. [574G-H] 
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2. The birth certificate of the adopted child be obtained on the 
basis of application of the society sponsoring adoption. On the basis of 
the application and suc.h other material which may be relevant to be 
found in an affidavit to accompany the application made by a responsi-
ble person belonging to the agency, the local magistrate should have the 
authority to make an order approving the particulars to be entered in 
H the birth certificate and on the basis of the magisterial order the requi-
568 
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. PANDEY v. U.0.1. 
569 
site ~ertificate should be granted. This process should be done only after 
adoption is finalised and the particnlars of the adopting foreign parents 
are available to be inclnded. The Chief District Medical Officer 
(COMO) may be involved in the matter of ascertainment of the age and 
the magistrate may ordinarily act on the certificate granted by the 
COMO. [574H-57SD) 
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3. Registered societies to entitle themselves for renewal of regist-
ration of licence shonld exhibit their involvement in the process of adop· 
tion and the anthority should have evidence to satisfy that the agency is 
really involved in the activity. [57SG) 
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4. The licensing anthority should ordinarily ensure that the C 
registered agency has proper child care facilities so that an agency 
which does not have snch facilities may over a period of years go out of 
the field. [57SEJ 
S. In the event of registration/licence being proposed to be cancel-
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led, an opportudity should be granted to such agency. That would 
answer the requirements of natural justice and would uphold a healthy 
scheme of administration. [57SH-576AI 
6. The setting up of CARA is justified. Such an institution would 
be an organisation of primacy and would work as a useful agency In the 
field. Although there should he no keen competition for offering adop-
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lions, regulated competition may perhaps keep up the system in a 
healthy condition. Existence of CARA in that field is, therefore, 
welcome. [576A·Bl 
7. Keeping in view the general rise in cost of living an escalation F 
by 30% is allowed. The matter may be reviewed once in three years 
so far as escalation of expenses is concerned. [576C-D I 
8.1. The children, who can be transferred for the purposes for 
placement, would be those, whose parents are not known, orphans and G 
perhaps those who are declared as abandoned children. The homes are 
not set up in several States and areas. Even Juvenile Boards have not 
been properly functioning and the recognised agencies do not have the 
facility of child care. In these circumstances to order transfer of 
children from statutory homes to recognised agencies can Indeed not be 
accepted as a rule. [5760-Fj 
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SUPREME COURT REPORTS 
[1991) 3 S.C.R. 
8.2. As a11d when such a request is received from recogni

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