NDLI: Union of India & Anr. Etc. Vs. Ankur Gupta & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	58 & 59 Adoption Regulations s.57 JJ act 2015 Overseas Citizen of India
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Juvenile Justice (care and Protection of Children) Act, 2015 (2 of 2016)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Juvenile Justice (Care and Protection of Children) Act,2015 – s.57, 58 & 59 – Adoption Regulations, 2017 (framed u/s.68(C) r/w. cl.(3) of s.2 of the Act, 2015) – r.41 – Respondent Nos.1& 2 submitted application to adopt a child as Indian Prospective Adoptive Parents – At that time, only respondent No.2 had citizenship of USA – When both the respondents were waiting for referral of a child for adoption, the respondent no.1 was also granted the U.S.citizenship – On communication of the aforesaid development, the competent authority referred the respondents’ to second registration under category ‘Overseas Citizen of India’– Respondents requested to continue their registration on the basis of the first registration –Meanwhile, a baby ‘S’ was referred to the respondents, for adoption – Respondents accepted the referral – However, a High-level Committee rejected their request for permission to continue the first application under the category India Prospective Adoptive Parents – Consequently, respondents were informed to wait for a referral of another child as ‘Overseas Citizen of India’ – Writ petition filed by Respondents against the said decision was allowed – On appeal, held: The fact that both respondents had become U.S.citizens, they were not eligible for adoption as Indian Prospective adoptive parents living in India – Mere fact that Act or Regulations does not provide for any mechanism to upload any further information in first registration cannot alter the legal position and consequences of acquiring the foreign citizenship by an Indian –The consequences of obtaining U.S. citizenship of respondent nos.1 & 2 shall take its effect immediately – Therefore, by virtue of s.58& s.59 of the Act, 2015 baby ‘S’ referred to the respondents declared as legally free for adoption and in event adoption is not taken by Indian prospective adoptive Parents within sixty days, the baby ‘S’to be given to respondents in inter-Country adoption.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 264
Petitioner	Union Of India & Anr. Etc.
Respondent	Ankur Gupta & Ors.
SCR	[2019] 4 S.C.R. 31
Judgement Date	2019-02-25
Case Number	2017

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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