The Supreme Court on Monday came down heavily on government authorities over delays in processing a child adoption application, questioning what it termed as "bureaucratic red tapism" creating hurdles in the process.
A bench led by Justice BV Nagarathna and comprising Justice Joymala Bagchi was hearing a plea filed by the US-based maternal aunt of a child.
The woman approached the top court after her adoption application was rejected by the Central Adoption Resource Authority (CARA), the central authority to deal with inter-country adoptions.
During the hearing, the petitioner's counsel urged the court to take up the matter urgently, pointing out that the permission granted to the aunt by US authorities for the adoption would expire on July 20.
Questioning CARA's stand, Justice Nagarathna asked, "What is your problem with such an adoption? A family member is trying to adopt the child and you are stopping them. Very negative attitude. This is not acceptable."
When the counsel appearing for CARA sought more time and said the Additional Solicitor General (ASG) should be allowed to address the court, Justice Nagarathna responded sharply.
"This is not some olden days that you will say the ASG will address. So what? We are not afraid of any ASG," Justice Nagarathna said.
The court also recalled a previous instance involving a similar adoption matter from the United Kingdom.
"This is not the first time you are creating such issues. Last time also, we had to call your officer and ensure compliance in a matter involving a similar UK issue," Justice Nagarathna observed.
The bench directed CARA, a statutory body of Union Ministry of Women & Child Development, to file its reply within time and listed the matter for further hearing on July 13.
The court also cautioned that authorities could not render the adoption application ineffective by delaying proceedings before the Supreme Court.
Issuing a stern warning to CARA, the top court said if the reply is not filed on time then the court will proceed to decide the case without a reply from them.
Granting interim relief to the petitioner, the bench directed CARA to take the necessary steps for processing the adoption application, without prejudice to its contentions in the pending writ petition.
