{"id":205059,"date":"2005-10-24T00:00:00","date_gmt":"2005-10-23T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/st-theresas-tender-loving-care-vs-state-of-andhra-pradesh-on-24-october-2005"},"modified":"2018-08-19T16:54:54","modified_gmt":"2018-08-19T11:24:54","slug":"st-theresas-tender-loving-care-vs-state-of-andhra-pradesh-on-24-october-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/st-theresas-tender-loving-care-vs-state-of-andhra-pradesh-on-24-october-2005","title":{"rendered":"St. Theresa&#8217;S Tender Loving Care &#8230; vs State Of Andhra Pradesh on 24 October, 2005"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">St. Theresa&#8217;S Tender Loving Care &#8230; vs State Of Andhra Pradesh on 24 October, 2005<\/div>\n<div class=\"doc_author\">Author: A Pasayat<\/div>\n<div class=\"doc_bench\">Bench: Arijit Pasayat, Arun Kumar<\/div>\n<pre>           CASE NO.:\nAppeal (civil)  6492 of 2005\n\nPETITIONER:\nSt. Theresa's Tender Loving Care Home &amp; Ors.\t\t\t\t        \n\nRESPONDENT:\nState of Andhra Pradesh\t\t\t\t\t\n\nDATE OF JUDGMENT: 24\/10\/2005\n\nBENCH:\nARIJIT PASAYAT &amp; ARUN KUMAR\n\nJUDGMENT:\n<\/pre>\n<p>J U D G M E N T<br \/>\n(Arising out of S.L.P (C) No.9412 of 2003)<\/p>\n<p>ARIJIT PASAYAT, J.\n<\/p>\n<p>\tLeave granted.\n<\/p>\n<p>\tThe basic issue involved in this appeal is whether the<br \/>\nappellant no.1 should be permitted to make arrangement for<br \/>\nadoption of a child named Sahiti presently about five years<br \/>\nby appellant nos. 2 and 3. Appellant no.1 claims to be an<br \/>\norganization interested in the welfare of abandoned children<br \/>\nand to secure a congenial atmosphere for their upbringing.<br \/>\nChallenge in this appeal is to an order dated 23.12.2002<br \/>\npassed by the Andhra Pradesh High Court dismissing the<br \/>\nappeal purported to have been filed under Section 19(1) of<br \/>\nthe Family Courts Act, 1984 (in short the &#8216;Act&#8217;) and Section<br \/>\n47 of the Guardians and Wards Act, 1890 (in short the<br \/>\n&#8216;Guardians Act&#8217;). The appeal before the Andhra Pradesh High<br \/>\nCourt was filed by the appellants questioning correctness of<br \/>\nthe order dated 8.7.2002 passed by the learned Judge, Family<br \/>\nCourt, Secunderabad, rejecting the prayer made by the<br \/>\nappellants under Sections 7 to 10 of the Guardian Act.<br \/>\nStand of the appellants before the Family Court was that it<br \/>\nis a society registered under the Andhra Pradesh (Telangana<br \/>\nArea) Public Societies Registration Act, 1350 Fasli (in<br \/>\nshort &#8216;Societies Act&#8217;) purportedly for carrying social<br \/>\nservice activities.  One of its main objectives is to<br \/>\nprovide shelter to abandoned children more particularly by<br \/>\nunwed mothers, and as noted above to see them comfortably<br \/>\nsettled in adopted homes.  The appellants 2 and 3 are<br \/>\nresidents of U.S.A.  According to petition they were married<br \/>\non 19.10.1999.  They had earlier adopted one son, but wanted<br \/>\nto adopt a female child from India and for that purpose<br \/>\nwanted to adopt the girl named Sahiti, born on 14.6.2000.<br \/>\nThe claim that they are well settled in life with decent<br \/>\nincome,  would be eligible for adopting the child and also<br \/>\nwere sure to provide a happy home to the adopted child.  The<br \/>\nminor child Sahiti was stated to be daughter of an unmarried<br \/>\nmother by name Esther, a native of Hyderabad and earning<br \/>\nlivelihood as a labourer. Due to social stigma she<br \/>\nrelinquished the child in favour of the appellant no.1 on<br \/>\n14.6.2000 and executed a Relinquishment Deed. The child<br \/>\nsuffered from various ailments and her adoption in India did<br \/>\nnot materialize.  On that ground the Voluntary Coordination<br \/>\nAgency( in short &#8216;VCA&#8217;) gave clearance for the minor to be<br \/>\ngiven in adoption abroad.  It was stated in the petition<br \/>\nthat inquiries made by appellant no.1 revealed that none of<br \/>\nher relatives were ready and willing to take care of the<br \/>\nminor. Since 14.6.2000 the child has been under the care and<br \/>\ncustody of appellant no.1.  The State of Andhra Pradesh<br \/>\nrepresented by the Director of Women Development and Child<br \/>\nWelfare Department resisted the claim.  Their stand was that<br \/>\nit had come to the notice of the Government that some<br \/>\nunscrupulous organizations in Andhra Pradesh were indulging<br \/>\nin child trafficking. With a view to curb menaces, the<br \/>\nGovernment had issued G.O.Ms. No.16 of 2001 banning<br \/>\nrelinquishment of a child.  Since the claim of the appellant<br \/>\nwas based primarily on a Relinquishment Deed purported to<br \/>\nhave been executed by the mother of the child, inquiry was<br \/>\ndirected to be conducted by the Crime Branch of CID along<br \/>\nwith other cases.  After inquiry, Crime Branch (CID)<br \/>\nreported that the Relinquishment Deed was a fake and<br \/>\nfabricated document and the witnesses to the Relinquishment<br \/>\nDeed were employees of appellant no.1. Therefore, paper<br \/>\nnotification dated 4.6.2001 was made calling for claims by<br \/>\nbiological parents within 30 days in respect of child Sahiti<br \/>\nand eight other cases.  The Government of India had also<br \/>\naddressed to the Central Adoption Resource Agency ( in short<br \/>\n&#8216;CARA&#8217;) about the false claim made by appellant no.1 and<br \/>\nrequested to initiate action against appellant no.1. The<br \/>\nFamily Court rejected the application holding that the VCA<br \/>\nissued no objection certificate on the ground that Indian<br \/>\nparents had refused to adopt the child on the ground that<br \/>\nshe was suffered from skin disease.  The Family Court was of<br \/>\nthe view that the so called reasons did not merit<br \/>\nacceptance.  The child was also referred to child study<br \/>\nreport which indicated that the child did not suffer from<br \/>\nany ailment. It was noted that letters of rejection by<br \/>\nIndian parents were not filed and the efforts of VCA for in<br \/>\ncounty adoption were not established.  It was noted that the<br \/>\neffort was to be made in the light of decision of this Court<br \/>\nin <a href=\"\/doc\/551554\/\">Lakshmi Kant Pandey v. Union of India<\/a> (1984 (2) SCC 244).<br \/>\nIt was noted that in term of G.O.Ms. No.16 of 2001<br \/>\nrelinquishment of a child by biological parents on grounds<br \/>\nof poverty, number of children or unwanted girl child could<br \/>\nnot be permitted. Accordingly the petition filed was<br \/>\nrejected.\n<\/p>\n<p>\tThe view of the Family Court was affirmed by the High<br \/>\nCourt.  High Court noticed that appellant no.1 based its<br \/>\nclaim on fabricated document and there was no genuine effort<br \/>\nto see that the child was adopted by Indian parents.\n<\/p>\n<p>\tIn support of the appeal learned counsel for the<br \/>\nappellants submitted that all possible efforts have been<br \/>\nmade to see that the child is adopted by Indian parents.  It<br \/>\nis not a fact that the child was not suffering from<br \/>\nailments.  If the child is kept in the care and custody of<br \/>\nthe respondent no.1 and is sent to the children&#8217;s home it<br \/>\nwould be traumatic for the child who has spent five years<br \/>\nwith the appellant no.1 quite happily.  The State Government<br \/>\nhas accepted in public interest litigation that the children<br \/>\nwho have been transferred to Shishu Vihar run by the State<br \/>\nGovernment are in a very pathetic condition.  More than 100<br \/>\nchildren have lost their lives due to negligence on the part<br \/>\nof the authority running the home and because of poor<br \/>\nmedical care, and even many of the children have ran away.<br \/>\nIt is stated that all possible efforts have been made to<br \/>\nfind out Indian parents without success.  The request of<br \/>\nappellants 2 and 3 for adopting the child should have been<br \/>\naccepted as they were willing to adopt the child. Because of<br \/>\nprolonged litigation, they have shown some reluctance.<br \/>\nTherefore, permission should be given to appellant no.1 to<br \/>\narrange adoption by way of inter-country adoption.\n<\/p>\n<p>\tIn Lakshmi Kant Pandey case (supra) the guidelines and<br \/>\nthe norms to be followed in the case of adoption by<br \/>\nforeigners were indicated in detail.\n<\/p>\n<p>\tIt is obvious that in a civilized society the<br \/>\nimportance of child welfare cannot be over-emphasized,<br \/>\nbecause the welfare of the entire community, its growth and<br \/>\ndevelopment, depends on the health and well-being of its<br \/>\nchildren. Children are a &#8220;supremely important national<br \/>\nasset&#8221; and the future well-being of the nation depends on<br \/>\nhow its children grow and develop. The great poet Milton put<br \/>\nit admirably when he said : &#8220;Child shows the man as morning<br \/>\nshows the day&#8221; and the Study Team on Social Welfare said<br \/>\nmuch to the same effect when it observed that &#8220;the physical<br \/>\nand mental health of the nation is determined largely by the<br \/>\nmanner in which it is shaped in the early stages&#8221;. The child<br \/>\nis a soul with a being, a nature and capacities of its own,<br \/>\nwho must be helped to find them, to grow into their maturity<br \/>\ninto fullness of physical and vital energy and the utmost<br \/>\nbreath, depth and height of its emotional, intellectual and<br \/>\nspiritual being; otherwise there cannot be a healthy growth<br \/>\nof the nation. The child is father of the man, said<br \/>\nWordsworth in &#8220;My Heart Leaps up&#8221;. Now, obviously children<br \/>\nneed special protection because of their tender age and<br \/>\nphysique, mental immaturity and incapacity to look after<br \/>\nthemselves. That is why there is a growing realisation in<br \/>\nevery part of the globe that children must be brought up in<br \/>\nan atmosphere of love and affection and under the tender<br \/>\ncare and attention of parents so that they may be able to<br \/>\nattain full emotional, intellectual and spiritual stability<br \/>\nand maturity and acquire self-confidence and self-respect<br \/>\nand a balanced view of life with full appreciation and<br \/>\nrealisation of the role which they have to play in the<br \/>\nnation building process. Without that the nation cannot<br \/>\ndevelop and attain real prosperity because a large segment<br \/>\nof the society would then be left out of the developmental<br \/>\nprocess. In India this consciousness is reflected in the<br \/>\nprovisions enacted in the Constitution of India, 1950 (in<br \/>\nshort the &#8216;Constitution&#8217;). Clause (3) of Article 15 enables<br \/>\nthe State to make special provision, inter-alia, for<br \/>\nchildren and Article 24 provides that no child below the age<br \/>\nof fourteen years shall be employed to work in any factory<br \/>\nor mine or engaged in any other hazardous employment.<br \/>\nClauses (e) and (f) of Article 39 provide that the State<br \/>\nshall direct its policy towards securing inter-alia that the<br \/>\ntender age of children is not abused, that citizens are not<br \/>\nforced by economic necessity to enter avocations unsuited to<br \/>\ntheir age an strength and that children are given<br \/>\nopportunities and facilities to develop in a healthy manner<br \/>\nand in conditions of freedom and dignity and that childhood<br \/>\nand youth are protected against exploitation and against<br \/>\nmoral and material abandonment. These constitutional<br \/>\nprovisions reflect the great anxiety of the constitution<br \/>\nmakers to protect and safeguard the interest and welfare of<br \/>\nchildren in the country.  As was observed by a learned<br \/>\nJustice Children are innocent, vulnerable and dependent.<br \/>\nAbondoning children and encluding good foundation of life<br \/>\nfor them is a crime against humanity.  Children cannot and<br \/>\nshould not be treated as chattels or saleable commodities or<br \/>\nplay things.  For full and harmonious development of their<br \/>\npersonality, children should grow up in an atmosphere of<br \/>\nhappiness, love and understanding.  In old Testament<br \/>\nProverbs , XXII it is said &#8220;Train up a child in the way he<br \/>\nshould go, and when he is old, he will not depart from it&#8221;.<br \/>\nIn &#8220;The Crescent Moon&#8221; Rabindranath Tagore said &#8220;I do not<br \/>\nlove him because he is good, but because he is my little<br \/>\nchild&#8221;.  The Government of India has also in pursuance of<br \/>\nthese constitutional provisions evolved a National Policy<br \/>\nfor the Welfare of Children. This Policy starts with a goal-<br \/>\noriented perambulatory introduction:<br \/>\n\tThe nation&#8217;s children are a supremely<br \/>\nimportant asset. Their nurture and solicitude are<br \/>\nour responsibility. Children&#8217;s programme should<br \/>\nfind a prominent part in out national plans for<br \/>\nthe development of human resources, so that our<br \/>\nchildren grow up to become robust citizens,<br \/>\nphysically fit, mentally alert and morally<br \/>\nhealthy, endowed with the skills and motivations<br \/>\nneeded by society. Equal opportunities for<br \/>\ndevelopment to all children during the period of<br \/>\ngrowth should be our aim, for this would serve out<br \/>\nlarger purpose of reducing inequality and ensuring<br \/>\nsocial justice.\n<\/p>\n<p>\tThe measures are designed to protect children against<br \/>\nneglect, cruelty and exploitation and to strengthen family<br \/>\nties &#8220;so that full potentialities of growth of children are<br \/>\nrealised within the normal family neighborhood and community<br \/>\nenvironment&#8221;. The National Policy also lays down priority in<br \/>\nprogramme formation and it gives fairly high priority to<br \/>\nmaintenance, education and training of orphan and destitute<br \/>\nchildren. There is also provision in the National Policy for<br \/>\nconstitution of a National Children&#8217;s Board. It is the<br \/>\nfunction of the National Children&#8217;s Board to provide a focus<br \/>\nfor planning, review and proper coordination of the<br \/>\nmultiplicity of services striving to meet the needs of<br \/>\nchildren and to ensure at different levels continuous<br \/>\nplanning, review and coordination of all the essential<br \/>\nservice.\n<\/p>\n<p>\tThe essence of the directions given in Lakshmi Kant<br \/>\nPandey case (supra) is as follows:\n<\/p>\n<p>(1)Every effort must be made first to see if<br \/>\nthe child can be rehabilitated by adoption<br \/>\nwithin the country and if that is not<br \/>\npossible, then only adoption by foreign<br \/>\nparents, or as it is some time called &#8216;inter-<br \/>\ncountry adoption&#8217; should be acceptable.<br \/>\n(2) Such inter-country adoption should be<br \/>\npermitted after exhausting the possibility of<br \/>\nadoption within the country by Indian<br \/>\nparents.\n<\/p>\n<p>(3) There is a great demand for adoption of<br \/>\nchildren from India and consequently there is<br \/>\nincreasing danger of ill-equipped and<br \/>\nsometimes even undesirable organisations or<br \/>\nindividuals activising themselves in the<br \/>\nfield of inter-county adoption with a view to<br \/>\ntrafficking in children.\n<\/p>\n<p>(4) Following are the requirements which<br \/>\nshould be insisted upon so far as a foreigner<br \/>\nwishing to take a child in adoption is<br \/>\nconcerned. In the first place, every<br \/>\napplication from a foreigner desiring to<br \/>\nadopt a child must be sponsored by a social<br \/>\nor child welfare agency recognised or<br \/>\nlicensed by the government of the country in<br \/>\nwhich the foreigner is resident. No<br \/>\napplication by foreigner for taking a child<br \/>\nin adoption should be entertained directly by<br \/>\nany social or welfare agency in India working<br \/>\nin the area of inter-country adoption or by<br \/>\nany institution or centre or home to which<br \/>\nchildren are committed by the juvenile court.<br \/>\nThis is essential primarily for three<br \/>\nreasons.\n<\/p>\n<p>Firstly, it will help to reduce, if not<br \/>\neliminate altogether, the possibility of<br \/>\nprofiteering and trafficking in children,<br \/>\nbecause if a foreigner were allowed to<br \/>\ncontact directly agencies or individuals in<br \/>\nIndia for the purpose of obtaining a child in<br \/>\nadoption, he might, in his anxiety to secure<br \/>\na child for adoption, be induced or persuaded<br \/>\nto pay any unconscionable or unreasonable<br \/>\namount which might be demanded by the agency<br \/>\nor individual procuring the child. Secondly<br \/>\nit would be almost impossible for the court<br \/>\nto satisfy itself that the foreigner who<br \/>\nwishes to take the child in adoption would be<br \/>\nsuitable as a parent for the child and<br \/>\nwhether he would be able to provide a stable<br \/>\nand secure family life to the child and would<br \/>\nbe able to handle trans-racial, trans-<br \/>\ncultural and trans-national problems likely<br \/>\nto arise from such adoption, because, where<br \/>\nthe application for adopting a child has not<br \/>\nbeen sponsored by a social or child welfare<br \/>\nagency in the country of the foreigner, there<br \/>\nwould be no proper and satisfactory home<br \/>\nstudy report on which the court can rely.<br \/>\nThirdly, in such a case, where the<br \/>\napplication of a foreigner for taking a child<br \/>\nin adoption is made directly without the<br \/>\nintervention of a social or child welfare<br \/>\nagency, there would be no authority or agency<br \/>\nin the country of the foreigner who could be<br \/>\nmade responsible for supervising the progress<br \/>\nof the child and ensuring that the child is<br \/>\nadopted at the earliest in accordance with<br \/>\nlaw and grows up in an atmosphere of warmth<br \/>\nand affection with moral and material<br \/>\nsecurity assured to it. The record shows that<br \/>\nin every foreign country where children form<br \/>\nIndia are taken in adoption, there are social<br \/>\nand child welfare agency licensed or<br \/>\nrecognised by the government and it would not<br \/>\ntherefore use any difficulty, hardship or<br \/>\ninconvenience if it is insisted that every<br \/>\napplication form a foreigner for taking a<br \/>\nchild in adoption must be sponsored by a<br \/>\nsocial or child welfare agency licensed or<br \/>\nrecognised by the government of the county in<br \/>\nwhich the foreigner resides. It is not<br \/>\nnecessary that there should be only one<br \/>\nsocial or child welfare agency in the foreign<br \/>\ncountry through which an application for<br \/>\nadoption of a child may be routed; there may<br \/>\nbe more than one such social or child welfare<br \/>\nagencies, but every such social or child<br \/>\nwelfare agency must be licensed or recognised<br \/>\nby the government of the foreign country and<br \/>\nthe court should not make an order for<br \/>\nappointment of the foreign country and the<br \/>\ncourt should not make an rode for appointment<br \/>\nof a foreigner as guardian unless it is<br \/>\nsatisfied that the application of the<br \/>\nforeigner for adopting a child has been<br \/>\nsponsored by such social or child welfare<br \/>\nagency.\n<\/p>\n<p>(5) The position in regard to biological<br \/>\nparents of the child proposed to be taken in<br \/>\nadoption has to be noted. What are the<br \/>\nsafeguards which are required to be provided<br \/>\ninsofar as biological parents are concerned?<br \/>\nWe may make it clear at the outset that when<br \/>\nwe talk about biological parents, we mean<br \/>\nboth parents if they are together or the<br \/>\nmother or the father if either is alone. Now<br \/>\nit should be regarded as an elementary<br \/>\nrequirement that if the biological parents<br \/>\nare known, they should be properly assisted<br \/>\nin making a decision about relinquishing the<br \/>\nchild for adoption, by the institution or<br \/>\ncenter or home for child care or social or<br \/>\nchild welfare agency to which the child is<br \/>\nbeing surrendered. Before a decision is taken<br \/>\nby the biological parents to surrender the<br \/>\nchild for adoption, they should be helped to<br \/>\nunderstand all the implications of adoption<br \/>\nincluding the possibility of adoption by a<br \/>\nforeigner and they should be told<br \/>\nspecifically that in case the child is<br \/>\nadopted, it would not be possible for them to<br \/>\nhave any further contact with the child. The<br \/>\nbiological parents should to be subjected to<br \/>\nany duress in making a decision about<br \/>\nrelinquishment and even after they have taken<br \/>\na decision to relinquish the child for giving<br \/>\nin adoption, a further period of about three<br \/>\nmonths should be allowed to them to<br \/>\nreconsider their decision.\n<\/p>\n<p>(6) But in order to eliminate any possibility<br \/>\nof mischief and to make sure that the child<br \/>\nhas in fact been surrendered by its<br \/>\nbiological parents, it is necessary that the<br \/>\ninstitution or center or home for child care<br \/>\nor social or child welfare agency to which<br \/>\nthe child is surrendered by the biological<br \/>\nparents, should take from the biological<br \/>\nparents a document of surrender duty signed<br \/>\nby the biological parents and attested by at<br \/>\nleast two responsible persons and such<br \/>\ndocument of surrender should not only contain<br \/>\nthe names of the biological parents and their<br \/>\naddress but also information in regard to the<br \/>\nbrother of the child and its background,<br \/>\nhealth and development.\n<\/p>\n<p>But where the child is an orphan, destitute<br \/>\nor abandoned child and its parents are not<br \/>\nknown, the institution or center or home for<br \/>\nchild card or hospital or social or child<br \/>\nwelfare agency in whose care the child has<br \/>\ncome, must try to trace the biological<br \/>\nparents of the child and if the biological<br \/>\nparents can be traced name it is found that<br \/>\nthey do not want to take back the child, then<br \/>\nthe same procedure as outlined above should<br \/>\nas far as possible be followed. But if for<br \/>\nany reason the biological parents cannot be<br \/>\ntraced, then there can be no question of<br \/>\ntaking their consent or consulting them. It<br \/>\nmay also be pointed out that the biological<br \/>\nparents should not be induced or encouraged<br \/>\nor even be permitted to take a decision in<br \/>\nregard to giving of a child in adoption<br \/>\nbefore the birth of the child or within a<br \/>\nperiod of three months from the date of<br \/>\nbirth. This precaution is necessary because<br \/>\nthe biological parents must have reasonable<br \/>\ntime after the birth of the child to take a<br \/>\ndecision whether to rear up the child<br \/>\nthemselves or to relinquish it for adoption<br \/>\nand moreover it may be necessary to allow<br \/>\nsome time to the child to overcome any health<br \/>\nproblems experienced after birth.\n<\/p>\n<p>(7)\tOf course, it would be desirable if a<br \/>\nCentral Adoption Resource Agency is set up by<br \/>\nthe Government of India with regional<br \/>\nbranches at a few centers which are active in<br \/>\ninter-country adoptions. Such Central<br \/>\nAdoption Research Agency can act as a<br \/>\nclearing house of information in regard to<br \/>\nchildren available for inter-country adoption<br \/>\nand all applications by foreigners for taking<br \/>\nIndian children in adoption can then be<br \/>\nforwarded by the social or child welfare<br \/>\nagency in the foreign country to such Central<br \/>\nAdoption Resource Agency and the latter can<br \/>\nin its turn forward agencies in the courts.<br \/>\nEvery social or child welfare agency taking<br \/>\nchildren under its care can then be required<br \/>\nto sent to such Central Adoption Resource<br \/>\nAgency the names and particulars of children<br \/>\nunder its care who are available for adoption<br \/>\nand the names and particulars of such<br \/>\nchildren can be entered in a register to be<br \/>\nmaintained by such Central Adoption Resource<br \/>\nAgency.&#8221;\n<\/p>\n<p>\tIn terms of this Court&#8217;s decision in Lakshmi Kant<br \/>\nPandey case (supra), CARA was formed and it published<br \/>\n&#8220;Guidelines for adoption&#8221;.  Under these guidelines every<br \/>\nState has a VCA to co-ordinate and oversees inter-state<br \/>\nadoptions.\n<\/p>\n<p>\tIt is pointed by Mr. Colin Gonsalves who was requested<br \/>\nto assist in the matter though the intervention application<br \/>\nfiled by him on behalf of Parchuri Jamuna was rejected, that<br \/>\nin some States the VCA is a non-governmental organization<br \/>\n(in short &#8216;NGO&#8217;) and in some other States the Department of<br \/>\nWomen and Child Development.  In the State of Andhra<br \/>\nPradesh, the said Department is VCA. Several guidelines have<br \/>\nbeen issued from time to time.  The Government of India,<br \/>\nMinistry of Welfare has also issued directions.  On the<br \/>\nbasis of Lakshmi Kant Pandey case (supra) the Government of<br \/>\nIndia has issued certain guidelines vide its<br \/>\nResolutionNo.13-33\/85-CH(AC) dated 4th July, 1989.<br \/>\nSubsequently, some clarifictory orders were passed by this<br \/>\nCourt on 19th September, 1989, 14th August, 1991, 29th<br \/>\nOctober, 1991, 14th November, 1991 and 20th November,<br \/>\n1991.  A Task Force was constituted on 12th August, 1992<br \/>\nunder chairmanship of retired Chief Justice of this Court.<br \/>\nReport was submitted by the Task Force on 28.8.1993.  On the<br \/>\nbasis of the recommendations made certain guidelines were<br \/>\nalso issued by the Ministry of Welfare Resolution dated<br \/>\n29th May, 1995.\n<\/p>\n<p>\tIn the background of what has been noticed by the<br \/>\nFamily Court and the High Court it is crystal clear that the<br \/>\norders passed do not suffer from any infirmity to warrant<br \/>\ninterference.  It has been printed out by learned counsel<br \/>\nfor the State and Mr. Gonsalves, that the appellant no. 1<br \/>\nhas been prosecution for offences punishable under various<br \/>\nprovisions of the Indian Penal Code, 1860 (in short&#8217;IPC&#8217;).<br \/>\nThe accusations relate to cheating, manipulation\/fabrication<br \/>\nof documents.  Some of the functionaries of the appellant<br \/>\nno. 1 have already been convicted while permitting any<br \/>\norganization to keep a child or give him or her in adoption<br \/>\nits credentials are to be minutely scrutinized.  It should<br \/>\nbe ensured that behind the mask of social service or<br \/>\nupliftment and evil design of child trafficking is not<br \/>\nlurking.   It is the duty of the State to ensure a safe roof<br \/>\nover an abandoned child.  Keeping in view the welfare of the<br \/>\nchild all possible efforts should be made by the State<br \/>\nGovernments to explore e possibility of adoption under the<br \/>\nsupervision of the designated agency.  Keeping in view the<br \/>\nguidelines indicated by this Court in Lakshmi Kant Pandey<br \/>\ncase (supra) adoption by foreign parents may in appropriate<br \/>\ncases be permitted.\n<\/p>\n<p>\tWhile making the requisite and prescribed  exercise it<br \/>\nhas to be kept in mind that child is a precious gift and<br \/>\nmerely because he or she for various reasons is abandoned by<br \/>\nthe parents that cannot be a reason for further neglect by<br \/>\nthe society.  It is urged that some account of vehemence by<br \/>\nlearned counsel for the appellants that the children homes<br \/>\nrun by the State Governments are really no place when a<br \/>\nchild is to be placed.  They suffer from neglect, proper<br \/>\ncare is a myth and a large number of children have lost<br \/>\ntheir lives or are unable to bear the cruelties meted out.<br \/>\nIf the grievances are true, it is a matter of serious<br \/>\nconcern. The Central Government and the State Government<br \/>\nwould do well to look at these problems with the<br \/>\nhumanitarian approach and concern they deserve.\n<\/p>\n<p>\tIt would be appropriate for them to keep the following<br \/>\nlines from Longfellows &#8220;The Children&#8217;s Hour&#8221; in mind.<br \/>\n&#8220;Between the dark and the daylight, when the night is<br \/>\nbeginning to lower, comes a pause in the day&#8217;s occupations,<br \/>\nthat is known as the Children&#8217;s Hours&#8221;\n<\/p>\n<p>\tWith the aforesaid observations the appeal is dismissed<br \/>\nwith no orders as to costs.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India St. Theresa&#8217;S Tender Loving Care &#8230; vs State Of Andhra Pradesh on 24 October, 2005 Author: A Pasayat Bench: Arijit Pasayat, Arun Kumar CASE NO.: Appeal (civil) 6492 of 2005 PETITIONER: St. Theresa&#8217;s Tender Loving Care Home &amp; Ors. RESPONDENT: State of Andhra Pradesh DATE OF JUDGMENT: 24\/10\/2005 BENCH: ARIJIT PASAYAT [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-205059","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>St. Theresa&#039;S Tender Loving Care ... vs State Of Andhra Pradesh on 24 October, 2005 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/st-theresas-tender-loving-care-vs-state-of-andhra-pradesh-on-24-october-2005\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"St. Theresa&#039;S Tender Loving Care ... vs State Of Andhra Pradesh on 24 October, 2005 - Free Judgements of Supreme Court &amp; 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