Supreme Court Directs Return of Children to Adoptive Parents and Orders Periodic Welfare Monitoring
A bench of Justices B.V. Nagarathna and K.V. Viswanathan heard appeals arising from the Telangana High Court concerning the legality of police action that had taken custody of several infants from persons who claimed to be their adoptive parents. The appeals challenged a Division Bench order that set aside a Single Judge’s finding that the police removal was illegal and left the children in institutional custody pending statutory processes under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The Court allowed the appeals in part and directed that the identified children be returned to the respective persons who claimed to be their adoptive parents, invoking its powers under Article 142 of the Constitution to do “complete justice” in the peculiar facts of the cases. The Court emphasised the children’s bonding with those in whose custody they had lived and relied upon the statutory principles protecting children’s welfare. The Court, in its reasoning, observed: The Court also quoted the statutory formulation that “Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child.”
Background
The disputes arose after several infants — aged between two days and three years at the time of the events — were taken into custody by police on 22.05.2024 and placed with the Child Welfare Project Director and integrated child protection services at Sishuvihar, Hyderabad. The persons claiming to be adoptive parents had alleged that adoptions had taken place informally between 2021 and 2024 and challenged the forcible custody removal as illegal and violative of Articles 14 and 20 of the Constitution.
A learned Single Judge of the Telangana High Court had earlier held, by a common order dated 23.09.2024, that the Juvenile Justice Act did not apply to the facts and that the police action was illegal, granting liberty to the claimants to formalise adoption by prescribed procedures. The Division Bench, however, set aside that order and observed that the children were already in institutional custody and directed the Child Welfare Committee to pass orders under Section 37 of the Act and for competent authorities to decide adoption applications within specified timeframes; it also stated that “the custody of the children shall be subject to outcome of the aforesaid directions.”
On appeal, the Supreme Court found that, in the facts of these matters and having regard to the bonding between the children and those in whose custody they had been living, the ends of justice required returning the children to those persons. The Court directed that custody be handed over to the respective adoptive parents on or before 14.08.2025 by 5:00 PM. As safeguards, the Court ordered that the Member Secretary of the State Legal Services Authority and/or the District Legal Services Committee seek quarterly welfare reports from the adoptive parents beginning November 2025, and authorised deputation of a child welfare expert to inspect the homes. The Court clarified that the order was passed in the best interest of the children and under Article 142, and that it would not impede any other proceedings initiated by the authorities.
The appeals were disposed of in these terms.
Case Details: Case No.: 2025 INSC 972 Case Title: Dasari Anil Kumar & Another v. The Child Welfare Project Director & Others Appearances: For the Petitioner(s): Senior counsel for the appellants (names not specified in the judgment) For the Respondent(s): Learned ASG and counsel for the respondents (names not specified in the judgment)