By Gayathri Manoj

In a significant ruling, the Karnataka High Court has clarified that the consent of a biological father, who is the accused in a rape case, is not required for the adoption of a child born as a result of rape. This decision came after the court quashed the rejection of an adoption deed by the Sub-Registrar, who had cited the absence of the biological father's consent as the reason for denial.

The case involved a 16-year-old rape survivor (Petitioner No. 1) and her mother (Petitioner No. 2), who sought to give up the child, born on September 30, 2024, for adoption due to severe financial distress. The adoptive parents, a childless Muslim couple (Petitioners Nos. 3 and 4), expressed their willingness to adopt the child and executed an Irrevocable Adoption Deed on November 11, 2024.

However, the Sub-Registrar of Yelahanka rejected the adoption deed on the grounds that the biological father, currently in judicial custody awaiting trial for the rape, had not consented to the adoption. In response, the petitioners approached the Karnataka High Court, requesting the registration of the adoption deed.

Justice Hemant Chandangoudar, delivering the judgment, ruled that the consent of the biological father, who is the accused in the case, is neither required nor relevant in such cases. The court observed that the consent of the rape-accused biological father is “both inconsequential and immaterial.”

The High Court relied on provisions of the Juvenile Justice Act, 2015, which allow for adoption without the biological father’s consent, especially in cases where the mother is a rape survivor. The court cited the case of Amrik Singh and Others v. Union Territory of Chandigarh (2023), stating that the minor victim mother, as the sole natural guardian, has the right to give the child up for adoption without the need for the biological father’s approval.

Additionally, the Court referred to the Shabnam Hashmi v. Union of India (2014) case, where the Supreme Court extended adoption rights to Muslims. It highlighted that the Juvenile Justice Act is a secular law that facilitates adoption regardless of the religious background of the adoptive parents.

Emphasizing the child’s best interests, the court stated that all decisions related to the child should prioritize their welfare and development. The Court also noted that Regulation 7(7) of the Adoption Regulations, 2017, specifically allows the mother of an illegitimate child to surrender the child for adoption, and if the mother is a minor, an adult must witness the deed of surrender.

The court concluded that failing to allow the adoption would violate the child’s fundamental right to live with dignity, as guaranteed under Article 21 of the Indian Constitution. The Court thus reaffirmed that adoption in such cases is both a statutory right and a moral obligation for the child’s welfare.In light of these observations, the Karnataka High Court quashed the Sub Registrar's rejection and directed the registration of the adoption deed, facilitating the adoption of the child.

Caue Title: MS AFREEN & ORS Vs THE SUB REGISTRAR & ANR

Case No / Citation: WRIT PETITION NO. 31063 OF 2024; NC: 2024:KHC:50846

Judgment Date: 22.11.2024

Coram: JUSTICE HEMANT CHANDANGOUDAR

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