4 weeks ago
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The Bombay High Court connected Monday (May 4, 2026) dismissed 2 petitions challenging a 2021 amendment to the Juvenile Justice (Care and Protection of Children) Act that replaces courts with District Collectors for issuing adoption orders.
A Bench of Justice Bharati Dangre and Justice Manjusha Deshpande ruled that District Collectors are competent to behaviour hearings successful adoption proceedings and walk orders. The Court said the amendment, which substitutes the connection “Court” with “District Collector” oregon “District Collector (Executive Officer)”, was made to trim delays successful the adoption process and is not unlawful.
The amendment was challenged by 2 couples. Under the Act and the Central Adoption Resource Authority (CARA) regulations, a valid tribunal bid was required for adoption. The amendment present requires a valid bid from the District Collector.
The petitioners argued that support for a child’s adoption is simply a judicial relation and cannot beryllium fixed to an enforcement authority. They said the District Collector, arsenic the main enforcement serviceman of a district, whitethorn deficiency cognition of ineligible nuances. They besides contended that immoderate removal of courts from the process would origin antagonistic results.
The Central Government defended the amendment, stating that Court engagement had caused delays successful adoptions.
The Court said the petitioners’ apprehension that the District Collector lacks competence to grip these matters does not hold. It noted that the District Collector is the senior-most Executive Magistrate, liable for territory administration, instrumentality and order, and implementation of authorities policies. The Court said determination is nary impediment to District Collectors implementing the provisions of the Act oregon determining the eligibility of prospective adoptive parents.
The Court besides observed that the amendment provides for grooming to beryllium imparted to District Collectors connected these matters. Both petitions were dismissed.
