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The Child Welfare Commission’s (CWC) decision to recommend a girl for adoption without the permission of her biological father was termed as a “gross human rights violation”, by a Delhi court.

Additional Sessions Judge Kamini Lau’s remarks came while hearing a petition moved by rape convict Bhola who complained that the decision to recommend his biological daughter for adoption was illegal.

The child was born to a 17-year-old girl after she spent a couple of years with Bhola in south Delhi’s Srinivaspuri.

“Great injustice has been done with Bhola, the biological father and natural guardian of baby ‘J’, and I shudder to think of the consequences and the storm which is arising in the life of Baby ‘J’ just because of this one irresponsible hasty decision,” the court said in its recent order.

The mother of the child was 15-year-old when she met Bhola. Both of them started living as husband and wife, until the child was born.

Later the mother realised that she had committed a mistake running away from her family and called her parents to take her back. She surrendered the child to the CWC.

Without tracing the father of the child, the baby was recommended for adoption under the category of “abandoned/destitute”.

Bhola later came to know about it but could not take any steps since he was sent to jail, facing trial in the case related to rape of the child’s mother.

“The poor in our country have as much right as do the rich and there cannot be two sets of laws,” the court said.Bhola was convicted in April but was set free as court has awarded him punishment set off by the detention undergone during trial. The court observed that the adoption of the child had already taken place so, it would send the case to the higher court for directions.


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