Vodafone International Holding v UOI
- 2022-02-16
Citation: 1987 AIR 232
Court : Supreme Court of India
Presiding Judges : P.N Bhagwati [Chief Justice Of India],Rangnath Misra
Facts of the case: The case was brought before the court by a lawyer, Lakshmi Kant Pandey who wrote to the Supreme Court of India alleging neglect and malpractice on the part of private adoption agencies and social organizations facilitating the adoption of Indian children to parents of different countries . He noted the issues faced by the children going to foreign countries and falling in hands of sexual exploiters due to neglect. The petitioner requested the court to restrain the private agencies “from carrying out further activity of routing children for adoption abroad” and directing the Government of India and other government agencies to carry out their obligations in the matter of adoption of Indian Children by Foreign parents. The Court treated his letter as a writ petition, and this instituted the basis of the public interest litigation.
Judgment: The verdict on this is considered to be a landmark decision by the court as this was first case in India that dealt on the subject of inter country adoption. Prior to this judgment by the court, there wasn’t a legislation which provided rules regarding Inter-Country adoption.
Due to the lack of uniform adoption law in the country, Justice Bhagwati laid down certain directives and guidelines that are to be followed while processing adoption applications from foreign parents under the Guardians and Wards Act, 1890 . Legal provisions like article 15 (3), 24 and 39 of Indian constitution were used as a reference along with the UN declaration on the rights of the child while formulating the procedural safeguards to be followed by the authority. It was made compulsory that foreigners who wish to adopt Indian children should be sponsored by licensed agencies of their own country. Supreme Court held that any adoption in violation of or non-compliance with the directives set forth in the judgment may lead the adoption to be declared invalid and expose the person concerned to strict action including prosecution. The pre requisites laid down by the court for completing a legal inter country adoption included that that the foreigner desiring to adopt a child must be sponsored by social or child welfare agency recognised or licensed by the government of the country in which the foreigner is a resident. It was emphasized by the court that no application by a foreigner for taking a child in adoption should be entertained directly by any social welfare agency in India working in the area of Inter-Country adoption or by any institution or centre or home to which children are committed by the juvenile court. Certain guidelines were also made regarding the age of the child to be adopted.
Laxmi Kant Pandey was a notable judgment in the law of adoption and child law in India. It recognised the lacunae of uniform law on the subject and assimilated the provisions in the constitution and international law on children to give paramount importance to the best interest of child. The case also paved way for the country to establish a Central Adoption Resource Authority in the country with proper regulations and uniform implementation.
