SC Allows Adoption of Child of 20-Year-old Student who Sought Abortion of 29-Week Pregnancy

Subject: Polity

Section: Judiciary

Context:

The Supreme Court invoked its extraordinary power under Article 142 to allow the adoption of a child after the delivery of a 20-year-old student who was carrying a 29-week unwanted pregnancy.
Solicitor General Tushar Mehta and Bhati apprised the court that an effort has been made to facilitate the process of adoption of the child after delivery, by prospective parents who are registered with the Child Adoption Resource Authority (CARA) under the Union Ministry of Women and Child Development. The court was apprised of the fact that two prospective parents who have been registered with a parent registration number under CARA are ready and willing to adopt the child.
It further added that permission is granted for the adoption of the child by the prospective parents whose details have been set out in the CARA registration form and CARA shall take all necessary steps to facilitate the implementation of this order.
SC adopted the present course of action consistent with the jurisdiction of this court under Article 142 of the Constitution having regard to the extraordinary situation which has emerged before the court involving a young woman in distress, who moved this court at a late stage of her pregnancy.

CARA:

Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development, Government of India. It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated / recognised adoption agencies.

What is Article 142 of the Constitution:

Article 142 provides a unique power to the Supreme Court, to do complete justice between the parties, where at times law or statute may not provide a remedy.
In those situations, the Court can extend itself to put a quietus to a dispute in a manner that would fit the facts of the case.