Follow Hague Convention on adoption: HC tells Indian couple in Germany
BENGALURU: The High Court of Karnataka has directed a couple from India to follow the Hague Convention and apply for a 'Conformity Certificate' for their adopted child through the German authorities as the husband is a resident of that country.
The couple had knocked on the doors of the HC seeking a direction to the District Child Protection Unit for issuing them with a 'No Objection Certificate' (NOC) and a 'Conformity Certificate'.
The couple had adopted a girl child and the adoption deed between the biological mother and the couple was registered before the sub-registrar in the district headquarters town of Chikkaballapura on March 29, 2023.
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The Deputy Commissioner had also verified the deed and recommended that necessary action be taken for the adoption.
But still the District Child Protection Unit refused to grant them the NOC and Conformity Certificate.
Their petition was heard by Justice M Nagaprasanna.
The Deputy Solicitor General of India, H Shanti Bhushan, who appeared for the Union, contended that the adoption under the Hindu Adoption and Maintenance Act was not internationally recognised and any inter-country adoption has to be done through the Hague Convention.
Under the Hague Convention to which Germany was also a signatory, the couple were required to go before the country in which the father resides, communicate a mail to the Indian counterpart under the adoption regulations and within 10 days a certificate and NOC would be issued in this country.
Agreeing with the argument, the HC in its judgement said: The aforementioned norms would indicate inter-country adoption of German national.
Therefore, the petitioners shall knock at the doors of the authorities in Germany under the Hague convention seeking a communication to India for issuance of NOC and Conformity certificate.
On receipt of the said communication from the aforesaid authority of Germany, the appropriate authority the CARA (Central Adoption Resource Authority), without brooking any delay, issue a no objection certificate and a conformity certificate.
Refusing the petition seeking a direction to the authorities, the HC said: "If what is sought by the petitioners is granted, it would run counter to the established procedure. Therefore, the inter-country adoption should necessarily be in tune with the procedure quoted supra."
The HC disposed of the petition giving the couple the liberty to approach the German authorities to communicate to the CARA for necessary action.
The Authority was also directed to issue the necessary certificate within ten days of receiving the communication from the German authorities.
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MPs defecting from political parties must be barred from contesting polls for 6 yrs: Digvijaya Singh
New Delhi (PTI): Congress leader Digvijaya Singh on Monday said MPs defecting from political parties must be barred from contesting polls for six years, as he accused the Election Commission of being "biased", and also questioned the need for conducting Special Intensive Revision (SIR) of electoral rolls.
Participating in the discussion on election reforms in the Rajya Sabha, Singh sought removal of the ceiling on electoral expenses to ensure transparency in the election process, and alleged "vote chori (theft)" in states like Karnataka, Haryana, and Maharashtra.
He also claimed that Rahul Gandhi had submitted proof in this regard, but the Election Commission never responded.
He alleged bias by the Election Commission and wondered whether citizenship was being ascertained or a new voter list was being prepared, claiming that matriculation certificates were being demanded from individuals during the SIR exercise.
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"SIR kaha se aa gaya? Humse citizenship ke question poochhey ja rahe hain (where did SIR come from? We are being questioned regarding citizenship)... matriculation certificate is being demanded from voters... whether citizenship is being ascertained or a voter list is being prepared?" Singh questioned during his remarks.
The senior Congress leader said, "When the election commission carries out summary revision four times a year, then what is the need of SIR?"
He suggested that the delimitation exercise should not be based on population and instead on the current seat dynamics in place in the North and South India.
"(Delimitation)... jansankhya ke aadhar par nahin hona chahiye. maujooda anupaat jo dakshin aur uttar bharat ki seats hai uss par hi hona chahiye," Singh said.
Singh claimed that multiple letters were written to the Election Commission and INDIA bloc members had sought time from the body but it was never granted.
He and Home Minister Amit Shah,
He accused Prime Minister Narendra Modi of wanting to implement a "fascist dictatorship" by appointing people following a particular ideology on constitutional positions.
He claimed that Shah was never associated with the RSS, a charge debunked by Minister of State for Parliamentary Affairs Arjun Ram Meghwal.
"Rahul Gandhi ne apne bhashan mein kaha tha is desh mein 2014 ke baad jitne bhi samvidhanik sansthaayein hain unpar ek nishchit vichardhaara ke logon ko bithaya ja raha hai, woh yogya ho ya ayogya ho, aur unke maadhyam se, mera yeh aarop hai, fascist dictatorship laagu karna chahtey hain Narendra Modi ji (Rahul Gandhi in his speeches has said that since 2014 people from a particular ideology, whether qualified or not, are being placed in constitutional posts... my allegation is that Modi ji is trying to impose fascist dictatorship in the country," Singh said.
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Speaking on the issue of illegal immigration, Samik Bhattacharya (BJP) quoted former PM Manmohan Singh's speech on September 30, 2005, claiming that Singh had stated that "India is opposed to all illegal immigration into the country be it from Bangladesh or elsewhere. The illegal immigration should not be encouraged."
He asserted that the Election Commission is a constitutional authority, and the SIR is underway and it needs to be accepted.
He also raised the issue of political violence and demographic imbalance/changes in West Bengal.
Sandeep Kumar Pathak of the Aam Aadmi Party raised the issue of exorbitant electoral expenses and the lack of level-playing field to contest polls by common citizens for this reason. He also suggested proper verification of the voter list.
