Choose ‘safe surrender’ over infant abandonment

CategorySocial

Last Updated04/10/2022

Data by the NCRB shows that at least 709 criminal cases of ‘exposure and abandonment of children under twelve years’ under Section 317 of the IPC were registered in the year 2021.
Pertinent to note that no case is registered when a child is surrendered to the Child Welfare Committee (CWC) constituted under the Juvenile Justice Act, 2015.

According to the Central Adoption Resource Authority portal, there were 2,991 in-country adoptions & 414 inter-country adoptions in 2021-22.
Also, according to the 118th report on Review of Guardianship and Adoption Laws, in 2021, there were 2,430 children declared legally free for adoption for 26,734 adoptive parents-in-waiting.

Abandonment	Surrender
* A child deserted by his biological or adoptive parents or guardians.	Relinquished on account of physical, emotional & social factors beyond their control.
* Endangers the child’s life.	* A guarantee that the child will be taken care of till he or she attains majority or is adopted by a fit and willing parent.
* Reasons for abandonment:	* Does not entail any criminal action.
* Unwanted pregnancy	* A child can be considered eligible for surrender and declared so after the prescribed process of inquiry and counselling.
* Breakdown of a relationship
* Lower socio-economic status
* Either or both parents being drug addicts or alcoholics
* Lack of awareness about the law on the surrender of unwanted children

A child deserted by his biological or adoptive parents or guardians.
Endangers the child’s life.
Reasons for abandonment:
Unwanted pregnancy
Breakdown of a relationship
Lower socio-economic status
Either or both parents being drug addicts or alcoholics
Lack of awareness about the law on the surrender of unwanted children Relinquished on account of physical, emotional & social factors beyond their control.
A guarantee that the child will be taken care of till he or she attains majority or is adopted by a fit and willing parent.
Does not entail any criminal action.
A child can be considered eligible for surrender and declared so after the prescribed process of inquiry and counselling.

Has an overriding effect on other laws in force
Provides that no FIR shall be registered against any biological parent in case of inquiry relating to an abandoned and surrendered child.
Aim: to ensure that all efforts are made to trace the parents or guardians of the child without initiating any criminal action.

Section 3(2)(b) Medical Termination of Pregnancy (MTP) Act, 1971
Amended in 2021
The words “married woman” replaced with “any woman” and “husband” with “partner”.
X vs The Principal Secretary Health and Family Welfare Department and Another (2022)
The SC held that the parliamentary intent was clearly not to confine the beneficial provisions only to a situation involving a matrimonial relationship.
Also passed an interim order to allow an unmarried woman petitioner to abort her pregnancy of 24 weeks arising out of a failed live-in relationship, subject to the Medical Board’s recommendations.
SC said that there was no basis to deny unmarried women the right to medically terminate her pregnancy, when the same right was available to divorcees, widows, minors, disabled and mentally-ill women and survivors of sexual assault or rape.
With the top court’s clarification and the amended law, it is anticipated that unmarried women will be free of mental trauma.

Although, the surrender deed is to be executed before the CWC, a parent or guardian may approach any police officer, public servant, childline services, recognised NGOs, voluntary organisation, social worker, nurse/ doctor, hospital or maternity home when wanting to surrender a child.
It is the duty of such an authority or officer to produce the child before the CWC within 24 hours.
Therefore, wide publicity needs to be given to these provisions of the JJ Act so that no child is deserted, and parents, guardians and functionaries who are mandated to report any abandonment do not face a risk.