Edited By: Pathikrit Sen Gupta
Last Updated: February 18, 2023, 03:12 IST
The HC stated that the difficulty was a slender one and might be resolved with the cooperation of all events. (File photograph)
The plea filed by Bharatiya Samaj Seva Kendra (BSSK) Pune by way of its government director acknowledged that the kid, named Atlas, was born to an Afghan couple on September 8, 2021, and was surrendered to BSSK the subsequent day. The organisation stated that because the youngster was born in India, she was entitled to an Indian passport
A division bench of the Bombay High Court comprising Justice GS Patel and Justice Neela Gokhale has issued a notice to the ministry of residence affairs in a plea searching for the issuance of a passport to a one-year-old girl with Afghan parents.
The notice was issued in a plea filed by Bharatiya Samaj Seva Kendra (BSSK) Pune by way of its government director. It acknowledged that the kid, named Atlas, was born to an Afghan couple on September 8, 2021, and was surrendered to BSSK the subsequent day. The organisation stated that because the youngster was born in India, she was entitled to an Indian passport.
The Child Welfare Committee follows a course of to declare an toddler as being free/match for adoption. BSSK submitted that ‘Atlas’ i.e, the girl, has not but been declared free/match for adoption and that the method would possibly itself be hindered merely for need of a citizenship doc in her identify.
BSSK knowledgeable the courtroom that adoptive parents from abroad will discover it inconceivable to take the toddler overseas except she has a journey doc, particularly a passport, in her personal identify with a correctly issued visa for the nation of vacation spot.
The courtroom stated, “That may be technically correct, but what is presented to us is an issue in anticipation of a future problem: Atlas, even if declared ‘fit for adoption’, will find no adoptive parents and will not successfully be adopted without a travel document. Section 8 of the Foreigners Act 1946 is invoked.”
The division bench additionally stated that the difficulty was a slender one and might be resolved with the cooperation of all events.
“Since the legal issue appears to us to be narrow — and in all probability not contentious, one that can probably be resolved with some cooperation from all concerned — we request the assistance of Mr Aditya Thakkar or some other Advocate from the office of the Additional Solicitor General of India on behalf of the 4th Respondent, the Ministry of Home Affairs,” the HC stated.
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