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Stages of Adoption in India

For childless couples adopting a child is often a dream that they may have nurtured throughout their lives and indeed when they actually adopt a child, it’s a dream-come-true for them. For such couples adopting a lonely child is a good thing. Even couples with kids seek to adopt intending to provide financial support to lonely and hapless kids so that they are able to live happily ever after. One is not disqualified from adopting a child for being single Even being single is not an impediment to adoption and one big happy family. Regardless of whether a couple is childless or has children of their own the process of adopting a newborn remains pretty much unaltered in India. Adopting a Baby in IndiaIf one is planning on adopting a child then it's crucial that one is conversant and indeed updated in regards to the procedures. The Central Adoption Resource Authority (CARA), which is an integral part of the ministry of women and childcare, monitors the adoption-related procedures. A court in the applicable jurisdiction does have the power and is indeed authorized to proclaim an order of adoption. If adopting an orphan child and making the child one’s own is on someone’s wishlist, then the process to follow in stages for adopting a child is as follows:Stage 1. RegistrationRegistration of the prospective adoptive parents (PAP) with an authorized agency in close proximity of the residence of the couple ought to be done. Recognized Indian Placement Agencies (RIPA) along with Special Adoption Agency (SAA) are empowered to authorize registration requests. The steps are:1.      Registration ought to be done with an approved agency like RIPA or SAA. After the registration form is filled up according to Section IV’s provisions along with the essential documents the fee according to the rule has to be paid. 2.      Once the concerned authority receives the form from PAP they would send back a registration slip as an acknowledgment of receipt. The registration form can be filled online as well through the CARA-provided facility.3.      The other alternative is the adoption of a child through any childcare center except the one, one has registered. In such cases, one ought to apply to the SAA specifying the location one wishes to adopt. 4.      Once one’s request has been processed, one’s name would be added to the appropriate center’s waiting list.5.      Other than one’s home state if one adopts from any other state similar facilities would be available. If one wishes to go ahead, one would have to contact the State Adoption Resource Agency (SARA) or Adoption Coordinating Agency (ACA) of the concerned state and give them the registration slip.Stage 2 – Pre-Adoption ProcessThe authority concerned would be one’s friend, philosopher, and guide when it comes to child adoption. Expert consultants would counsel on parenting and adoption which is particularly helpful both for childless couples and single parents alike.   Stage 3 – Process of AdoptionThe two main steps in this process arePreliminary StepsA competent social worker would perform home examination within a maximum timescale of two months from the registration date. It would be necessary for one to provide a report of one’s current medical examination not more than a year old which is the time required for the child’s referral. Assigning A ChildThe SAA would form an Adoption Committee, which would review the PAP’s eligibility and locate a child matching the requirements provided by the SAA.  It's up to the committee to decide whether or not the legal adoption of the child is possible. Once a suitable child is found, the SAA will grant permission to the adopting couples to see the child by visiting the center. If a couple is ready for adoption of the chosen child, then they would have to accept with their signature on the medical examination report along with the child study report that the SAA provides. The couple would need to provide their local contacts to the agency and adhere to all the rules that the authorities and the courts have laid down. Prior to adoption in full swing, the child could transition into foster care with PAPs.With the concerned authority satisfied with the ability of the couple to adapt, the adopting couple would be taking care of the child with legal validation and the couple would assume the parenthood of the child.Click here to connect to Vidhikarya’s registered expert adoption lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

2 days ago

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Legal Rights in regards to Cheque Bounce

Dishonor of Cheque/ Cheque BounceA cheque bounces or is dishonored when upon presenting a cheque in the bank it is returned to the payer unpaid. There are two reasons behind a Cheque Bounce and they are either insufficient funds in the bank account of the payer issuing the cheque or if there is a mismatch of signatures of the payer in the sense that the payer’s original signature and the signature on the cheque aren’t the same. One does have the option of taking legal action against the payer issuing a bogus cheque. Section 138 of The Negotiable Instruments Act is the most vital and effective legal provision to consider.Few things to be mindful of First and foremost the action that the payee ought to take is sending a legal notice or a demand letter to the drawer or payer of the cheque. One ought to also consult a check bounce attorney fir drafting the legal notice which ought to be sent within the stipulated period of a month from the date of receipt of notification of cheque bounce from the payer’s bank. Nonetheless, if in case the drawer is unable to or cannot pay the amount within the timescale of fifteen days from the date of despatch of legal notice then the person wronged may file a cheque bounce lawsuit implicating the drawer. Where can a cheque bounce case be filed?Arguably as a cheque bounces the jurisdiction of the case is unclear. However, the recent rulings of the Supreme Court have thrown light into the issue and made it more transparent. A cheque bounce case ought to be filed in the jurisdiction where the cheque was presented by the payee for the cheque to be honored.   Who can file a cheque bounce case?Usually, the payee files the cheque bounce case. Nonetheless, in one-of cases, a power of attorney would suffice for filing of the case. It's crucial to be mindful of the fact that it's mandatory that the complainant appear before the court and is heard under oath.What is a significant alteration?Altering the cheque amount, or the payee’s name or any other alterations on the cheque, like the date or the drawee’s name or payer bank can be regarded as a substantial alteration. Dishonor of a cheque due to significant alteration and the bank finding out about it does not require a cheque bounce case to be filed. How to defend against a bogus cheque bounce lawsuit?In business transactions, in particular, a cheque is typically the mode of payment. Nonetheless, there have been cases wherein once the business transaction is completed, the cheque has been encashed fraudulently resulting in filing a false lawsuit. Therefore, the way to defending a bogus cheque bounce lawsuit is proving that there wasn’t any amount owed to anyone at the time of issuance of the cheque. Therefore, what the payer would have to prove legally is that the cheque was issued as a security deposit and there wasn’t any existing debt at the time.  Alternative recoursesUsually, a civil suit is filed to recover money in a cheque bounce lawsuit. However, in cases of a huge cheque amount is huge and in applicable jurisdictions, a criminal lawsuit of cheating can be filed by the complainant or the payee against the payer u/s 420 of the IPC. Cheque bounce lawsuit against companies and firmsIf one wants to file a cheque bounce lawsuit against one’s company or firm, the directors and/or the partners as the case may be are liable to be sued. One could file a cheque bounce lawsuit against the company or.firm as well.What if there is an unresolved cheque bounce lawsuit?Offenses of cheque bounce are all too common these days that the financial world is affected by. The upshot of a cheque bounce both for the payer and the payee has a ripple effect which includes bank penalty, negative effect on CIBIL score not to mention criminal or civil action against the payer, and so on. Besides, if the payee refrains from taking any action against the payer within the suggested timescale then the payee’s chance of resolving the issue would lapse as cheque bounce lawsuits are time-bound. Therefore, resolving a cheque bounce case promptly to stay clear of the upshots that will ensue.Click here to connect to Vidhikarya’s registered cheque bounce lawyers for further legal advice in this regard.

Posted By

Avik Chakravorty

2 days ago

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Consult Top Animal Lawyers in India

PREMA KRISHNA MOORTHY

PREMA KRISHNA MOORTHY

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Animal Laws
  • Advertising
  • Aviation
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
MANISH  KUMAR PANDEY

MANISH KUMAR PANDEY

ADVOCATE
Exp
Haldwani-cum-Kathgod , Uttarakhand

Specialization

  • Animal Laws
  • Criminal
  • Election Campaign And Political Laws
  • Financial Markets And Services
  • Mail Fraud
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Animal Laws
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
Ajay Kumar Kamboj

Ajay Kumar Kamboj

Distt court Yamunanagar
Exp
Yamuna Nagar , Haryana

Specialization

  • Animal Laws
  • Election Campaign and Political Laws
  • Environment and Natural Resources
  • Intellectual Property
  • Landlord and Tenant
Leading eminiting lawyer practicing in Distt court Jagadhari at yamunanagar. contact no. 9467028511 View Full Profile
PARAMANANDA  MOHANTA

PARAMANANDA MOHANTA

Lawyer
Exp
Mayurbhanj , Orissa

Specialization

  • Animal Laws
  • Advertising
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
  • Environment And Natural Resources
Gaurav  bhatnagar

Gaurav bhatnagar

Advocate
Exp
South Delhi , Delhi

Specialization

  • Animal Laws
  • Power Of Attorney
  • Sale
  • Tax-Sales Tax
  • Tax-Property Tax
Avneesh  Arputham

Avneesh Arputham

Advocate
Exp
New Delhi , Delhi

Specialization

  • Animal Laws
  • Commercial
  • Advertising
  • Aviation
  • Debt and Lending Agreement
Jeshma  Mohandas  KP

Jeshma Mohandas KP

Lawyer
Exp
Bangalore , Karnataka

Specialization

  • Animal Laws
  • Advertising
  • Aviation
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
Raja Satyajit  Banerjee

Raja Satyajit Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Animal Laws
  • Advertising
  • Aviation
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
Rahul  Singh

Rahul Singh

Advocate
Exp
Varanasi , Uttar Pradesh

Specialization

  • Animal Laws
  • Criminal
  • Civil
  • Adoption
  • Advertising
In the courtroom, it's where a lawyer really becomes an actor. There's a very fine line between delivering a monologue in a play and delivering a monologue to a jury. I've always felt that way - I've been in a lot of courtrooms. The best lawyers are really theatrical. View Full Profile
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  • What is Animal law?
  • Is there any law specifically for animal rights in India?
  • Are there any recent Rules on animal protection?
  • Are there any judgements of courts of India on animal rights?

What is Animal law?


There are certain laws which are made keeping the welfare of animals in mind. The idea of prevention of animal cruelty has been around since a very long time, with Ashoka himself declaring protection of animals in the edicts he made on his pillars.

Intent behind enactment of policies related to animal welfare:


They are made with the intent to prevent infliction of unnecessary pain and/or suffering to animals and for that purpose any type of unwarranted and unreasonable agony caused to an animal is discouraged.

Some of the applicable laws to the topic of ‘Animal Laws’?


  • Article 51A(g) makes it a fundamental duty of every citizen to have compassion for all living creatures, however, this is not enforceable in court.
  • IPC sections 428 & 429 make killing or maiming any animal (stray animals included) a punishable offence.
  • Prevention of Cruelty to Animals Act, 1960 criminalizes cruelty to animals with exceptions made for food & scientific purposes.
  • Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998 sets general requirements for breeding and using animals for research, for example maintaining a register providing the reasons necessitating the performance of the experiment on the animal (as per Section 5 of the Act).
  • As per Section 9, Wildlife (Protection) Act, 1972 - Disturbing or destroying eggs or nests of birds and reptiles or chopping a tree having nests of such birds and reptiles or even attempting to do so constitutes to hunting and attracts a punishment of a fine of up to Rs. 25000, or imprisonment of up to seven years or both.
  • As per Rule 3, Slaughterhouse Rules, 2001 animal sacrifice is illegal in every part of the country with the exception of leaving out acts done with a religious motive.
  • As per the Wildlife (Protection) Act, 1972; “no aquarium can keep, house or display marine turtles, otters, any species listed in the Wildlife (Protection) Act, 1972 (53 0f 1972).
  • Prevention of Cruelty to Animals Act, 1960:
    • Rule 3 states that no animal can be slaughtered in any place except a slaughterhouse.
    • Organising of or participating in or inciting any animal fight is a cognizable offence as per Section 11(1)(m)(ii) and Section 11(1)(n).
    • Abandoning any animal, without reasonable causes, is a punishable offence as per Section 11(1)(i) and Section 11(1)(j).
  • The Ministry of Environment, Forest and Climate Change has released four new Gazette notifications under the Prevention of Cruelty to Animals Act, 1960 to regulate dog breeders, animal markets, aquarium and “pet” fish shop owners. PETA India was involved in the public consultation process for these rules and had provided useful comment to strengthen protections. The rules are the Prevention of Cruelty to Animals are:
    • Dog Breeding and Marketing Rules, 2017
    • Regulation of Livestock Markets Rules, 2017
    • Aquarium and Fish Tank Animals Shop Rules, 2017
    • Care and Maintenance of Case Property Animals Rules, 2017
  • According to these new rules, dog breeders, aquarium and fish ‘pet’ shop owners must register themselves with the state Animal Welfare Board of the respective states.

Important Judgements w.r.t Animal Laws


  • People for Ethical Treatment of Animals v. Union of India: Any film (intended for public viewing) applying usage of an animal needs to obtain the permission of the Animal Welfare Board of India in the form of an NOC
  • Shri Ajay Madhusudan Marathe v. New Sarvodaya CHS Ltd: A society cannot prohibit it’s resident from utilizing the facilities available to him/her for their pets. This case was lodged in the context of pets being allowed to make use of lifts.
  • Ozair Hussain v. Union of India: the non-vegetarian and vegetarian origin of food is to be indicated through the medium of a red or green dot respectively.
  • Animal Welfare Board of India v. A Nagaraja and Others: The practice of “Jallikattu”, was declared illegal and it was observed that Bulls cannot be performing animals.

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