Code: Section 80 of the Juvenile Justice Act
80.
Punitive measures for adoption without following prescribed procedures.
If any person or organization offers, gives, or receives any orphan, abandoned, or surrendered child for adoption without following the provisions or procedures provided in this Act, such person or organization shall be punishable with imprisonment of either description for a term which may extend to three years, or with a fine of one lakh rupees, or with both.
Provided, in cases where the offence is committed by a recognized adoption agency, in addition to the above punishment, the persons in charge and responsible for the day-to-day affairs of the adoption agency shall have the agency’s registration under Section 41 and its recognition under Section 65 withdrawn for a minimum period of one year.
Explanation of Section 80
Section 80 of The Juvenile Justice (Care and Protection of Children) Act provides punitive measures for any person or organization involved in the unlawful adoption of a child. It specifies that the adoption of an orphan, abandoned, or surrendered child must follow the procedures outlined in the Act. Failure to comply with these procedures leads to severe penalties.
The penalty for such illegal adoption activities includes:
- Imprisonment for up to three years, or
- A fine of up to one lakh rupees, or both.
If the offence is committed by a recognized adoption agency, the punishment is more severe. In addition to the penalties mentioned above, the agency’s registration and recognition will be suspended for a minimum of one year.
Illustration
Example 1: Illegal Adoption by an Individual
An individual illegally adopts a surrendered child without following the prescribed procedures. The person faces imprisonment of up to three years, a fine of up to one lakh rupees, or both.
Example 2: Illegal Adoption by a Recognized Adoption Agency
A recognized adoption agency facilitates an illegal adoption without following the required procedures. In addition to penalties on individuals responsible for the agency’s operations, the agency’s registration and recognition will be revoked for at least one year.
Common Questions and Answers on Section 80
1. What penalties are imposed for adoption without following legal procedures?
- Answer: The person or organization responsible for unlawful adoption can face up to three years in prison, a fine of one lakh rupees, or both.
2. What happens if a recognized adoption agency violates adoption procedures?
- Answer: In addition to the penalties for individuals in charge, the adoption agency will have its registration and recognition revoked for a minimum period of one year.
3. Who can be penalized under Section 80?
- Answer: Any person or organization, including recognized adoption agencies, can be penalized for facilitating illegal adoptions.
Conclusion
Section 80 of The Juvenile Justice (Care and Protection of Children) Act ensures that adoption processes are carried out legally and ethically. It imposes strict penalties for anyone involved in illegal adoption activities and strengthens the oversight of adoption agencies. By doing so, it protects children from exploitation and ensures that adoption follows the best practices for their well-being.
