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Now we have a new legislation called "Juvenile & Justice Act, 2015" replacing the JJ Act of 2000. In this new act, adoption has assumed a significant importance with an exclusive chapter. Subscribe and follow this blog for more information in the days to come.

Monday, November 23, 2009

My prediction for the future of adoptions in/ from India - Part I

I just returned home after spending one month in training at National Institute of Public Cooperation and Child Development (NIPCCD) in New Delhi on a subject titled “Certificate course on Child Rights and Child Protection” where we have studied child rights and child protection extensively.

1. Legal basis:

There has not been a law as comprehensive as Juvenile & Justice Act (JJ Act) for the protection of children of India to date which gives adoption an important role as never before. Adoption is no longer an act of mercy but a mandated rehabilitative measure under the law (JJ Act) that a child must have a home as a first priority. Explanation of subsection (3) of Section 39 of the JJ Act states the following:

For the purposes of this section “restoration of and protection of a child” means restoration to –

(a) Parents;
(b) Adopted parents;
(c) Foster parents;
(d) Guardian;
(e) Fit person;
(f) Fit institution.

One can see the importance that the law places for a child to have a home through adoption as it is placed right behind the biological parents. Also an entire section is allotted to talk about the adoption (Section 41 and Rule 33) in JJ Act.

JJ Act also has done something very interesting and that is sensing the difficulty of implementing the act. For this, they have incorporated civil society (a five member committee and a three member board) into it taking up statutory responsibilities to do the work and they are being paid honorarium for it. This civil society’s cooperation is envisaged to cover the entire length and breadth of the country.

2. Financial basis:

Government of India (GOI) has launched a scheme called “Integrated Child Protection Scheme” or ICPS to integrate and implement the JJ Act in its true spirit by not only integrating the civil society into it but also by providing the needed funds for it apart from building the needed checks and balances into it to make it accountable.

Adoption scenario that exists today (RIPA, LAPA and Shishu Greh) is about to go through a sea change where LAPA will be de-notified and there will only be two kinds namely RIPA and SAA (Specialized Adoption Agency) and they are to exist in each district (similar to a county in the US). Responsibility to launch ICPS is placed on the state governments and as soon as the scheme is launched, funds are disbursed from the federal government.

(To be continued….)

1 comment:

Jeff and Leslie said...

Great information Ruby, please continue!