GAUHATI HIGH COURT ISSUES ORDER ON MR. BASU DEO AGARWAL V/S THE UNION OF INDIA AND 4 ORS.

GUWAHATI, India, Sept. 24 -- Gauhati High Court issued the following order on Aug. 25:

1. Heard Mr. D. Deka, learned counsel for the petitioner and Mr. R.K.D. Choudhury, learned Dy. SGI for the respondent nos.1, 2 & 3. Mr. D.K. Sharma, learned counsel appears for the respondent nos.4 & 5. No one appears for the State.

2. The petitioner has filed this Public Interest Litigation (PIL) praying for a direction to be issued to the respondent authorities to modify/alter/amend the Rules/Guidelines, in relation to disclosing the 'original place of birth' of adopted children while issuing Passports/Birth Certificates or any other Certificate, as it allegedly violates and infringes upon the right of privacy of the said person.

3. The petitioner's counsel submits that as per Regulation 45 of the Adoption Regulation of 2017, the authorities involved in the process of adoption must maintain confidentiality of adoption records, except as permitted under any law. He also submits that as per the Regulation 12(10) of the Adoption Regulation of 2017, the Specialized Adoption Agency is to carry out the necessary act of issuance of Birth Certificates in cases of adopted children, post adoption order by the Court. Under this Sub-Regulation, the Specialized Adoption Agency has been directed not to disclose the names of the biological parents and instead endorse the names of only adopted parents in the Birth Certificates. As the Regulations have tried to uphold the confidentiality of the adopted child by requiring not to disclose the names of the biological parents, the Place of Birth of an adopted child should not be put in the Passports/Birth Certificates of the adopted child. He also submits that in the case of an adopted child, there was no need for an unwed mother to disclose the identity of the child's father in the Birth Certificate as she can be the sole local guardian of the child.

4. Mr. R.K.D. Choudhury, learned Dy. SGI, on the other hand submits that in terms of the Circular No.1/7/2011-VS(CRS) dated 12.03.2012 issued by the Office of the Registrar General, Ministry of Home Affairs, Government of India, in case an adopted child has not been registered under the ambit of Registration of Births and Deaths (RBD) Act, 1969, the place where the Adoption Agency is located shall be treated as the Place of Birth of the child. In the event of the Date of Birth of the child being not known, the same as determined by the Chief Medical Officer or any duly licenced Physician and as reflected in the adoption order/deed issued by the local Magistrate shall be recorded as the Date of Birth of the child in the birth reporting form. Besides the Date of Birth, the names of the adopted parents and address of the parents, as contained in the adoption order/deed, along with a number and date of the order shall be entered in the birth reporting form. The names of the parents shall also be entered in the birth reporting form. He also submits that it is only when the Date of Birth of the adopted child has already been recorded, the above Circular would not be made applicable. He submits that the Place of Birth and Date of Birth as mentioned in the original Birth Certificate will not undergo any change and shall remain as it is, unless the same has not been recorded earlier.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfPUOS2MFCWfamE5%2BOF9OKm1RU4QeEYTAvX5S3zmUhfAq&caseno=PIL/60/2022&cCode=1&cino=GAHC010197912022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.