The landmark case Laxmikant Pandey v. Union of India (1984) 2 SCC 244. Judgment of adoption of children.

This is one of the most important judgments, the Hon’ble Supreme Court of India has delivered on inter-country adoption of children. Let me break it down for you in a structured way:

Case Analysis: Laxmikant Pandey v. Union of India (1984)

Case Background

Petitioner: Advocate Laxmikant Pandey filed a writ petition (PIL) under Article 32.

Allegation: Indian children were being sent abroad for adoption without proper safeguards, sometimes leading to trafficking, neglect, and exploitation.

Issue: Lack of a uniform legal framework for inter-country adoptions.

Judgment (the Hon’ble Supreme Court)

Delivered by Hon’ble Justice P.N. Bhagwati (1984).

The Court recognized the right of every child to grow up in a family environment and laid down detailed guidelines.

Preference to Indian parents:

Indian children should first be considered for adoption within India.

Accredited agencies only:

Only recognized social/child welfare agencies can process adoptions for foreigners, not unregistered bodies.

Scrutiny by Courts:

Adoption petitions must go through the High Court/competent court for approval.

Reports must be obtained about the prospective adoptive parents.

Role of CARA (Central Adoption Resource Agency):

Best Interest of the Child:

Paramount consideration in every adoption case is the welfare, security, and upbringing of the child.

Impact

This judgment laid the foundation of adoption law in India.

Led to establishment of CARA (1990) as the central authority.

Guidelines issued in the case continued until they were codified under the Juvenile Justice (Care and Protection of Children) Act, 2000 & 2015.

Strengthened safeguards against child trafficking.

The Laxmikant Pandey case is a landmark PIL that created the first structured guidelines for inter-country adoption in India, emphasizing the best interest of the child, safeguards against exploitation, and the State’s duty to regulate adoptions. Judgment of adoption of children.

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult to legal expert.