ST. THERESA'S TENDER LOVING CARE HOME AND ORS. versus STATE OF A.P.

Citation: [2005] SUPP. 4 S.C.R. 486 · Decided: 24-10-2005 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed
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Judgment (excerpt)

A 
ST. THERESA'S TENDER LOVING CARE HOME AND ORS. 
B 
v. 
STATE OF A.P. 
OCTOBER 24, 2005 
[ARIJITPASAYAT ANDARUNKUMAR,JJ.] 
Guardians and Wards Act, 1890-Sections 7 to JO-Family Courts Act, 
1984-Section 19(1): 
C 
Inter country adoption-Adoption of child by foreigner-Permissibility 
Society for providing shelter to abandoned children seeking permission to 
give a female child in adoption to foreigner parents-Child Stated to be 
relinquished by her mother and as she suffered various ailments her adoption 
by Indian parents had not materialize-Clearance given by Voluntary 
D Coordination Agency for adoption-State resisting the claim-Petition of 
Society dismissed by Family Court thereby refusing to permit adoption--
High Court affirming the same on the ground that Relinquishment deed was 
false and fabricated and no effort was made to give child in adoption to 
Indian parents-Challenge to-Held: The orders of Family Court and High 
Court not suffering from any infirmity to warrant interference-Central and 
E State Governments directed to look into problems relating to the abandoned 
children with humanitarian approach. 
Appellant no.I is a society established for providing shelter to the 
abandoned children. Appellant no.2 and 3 are residents of USA. They desired 
F to adopt a female child named Sahiti who was relinquished by her mother. 
Appellant no.I claimed that the child suffered from various ailments and her 
adoption in India did not materialise. On that ground Voluntary Coordination 
Agency (VCA) gave clearance for child to be given in adoption abroad. State 
resisted the claim in view of government order banning the relinquishment 
of child. Family Court dismissed the claim of adoption of child by the 
G foreigners. High Court aiffirmed the order of Family Court on the ground 
that the relinquishment deed purported to be made by mother of child was 
false and fabricated and there was no genuine effort by appellant no. I to see 
that the child was adopted by Indian parents. Hence the present appeal. 
Dismissing the appeal, the Court 
II 
486 
ST. THERESA'S TENDER LOVING CARE HOME v. STATE OF A.P. 
487 
HELD: 1. The orders passed by Family Court and High Court did not A 
suffer from infirmity to warrant interference, (496-C] 
2. Children need special protection because of their tender age and 
physique, mental immaturity and incapacity to look after themselves, That is 
why there is a growing realization in every part of the globe that children 
must be brought up in an atmosphere of love and affection and under the tender B 
care and attention of parents so that they may be able to attain full emotional, 
intellectual and spiritual stability and maturity and acquire self-confidence 
and self-respect and a balanced view of life with full appreciation and 
realisation of the role which they have to play in the nation building process. 
Without that the nation cannot develop and attain real prosperity because a C 
large segment of the society would then be left out of the developmental 
process, Abandoning children and excluding good foundation of life for them 
is a crime against humanity. Children cannot and should not be treated as 
chattels or saleable commodities or play things, For full and harmonious 
development of their personality, children should grow up in an atmosphere 
of happiness, love and understanding. (490-H; 491-A, B, F) 
D 
*Lakshmi Kant Pandey v. Union of India, (1984) 2 SCC 244, relied on. 
3.1. The appellant no.I has been prosecuted for offences punishable 
under various provisions of the Indian Penal Code, 1860. The accusations 
relate to cheating, manipulation/fabrication of documents. Some of the E 
functionaries of the appellant no.I have already been convicted. (496-D) 
3.2. While permitting any organization to keep a child or give him or 
her in adoption, its credentials are to be minutely scrutinized. It should be 
ensured that behind the mask of social service or upliftment an evil design of F 
child trafficking is not lurking. It is the duty of the State to e·nsure a safe 
roof over an abandoned child. Keeping in view the welfare of the child all 
possible efforts should be made by the State Governments to explore a 
possibility of adoption under the supervision of the designated agency. Keeping 
in view the guidelines indicated by this Court in Lakshmi Kant Pandey case*, 
adoption by foreign parents may in appropriate cases be permitted. (496-E, F) G 
3.3. While making the requis
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