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Passing laws without adequate discussions leads to practical difficulties: HC judge

November 26, 2023 09:43 pm | Updated 09:43 pm IST - Thiruvananthapuram

Tharattu adoption awareness programme of Kerala State Council for Child Welfare inaugurated

Laws are often framed and passed without adequate discussions or study. This often leads to practical difficulties, N. Nagaresh, judge, Kerala High Court, has said.

He was speaking after inaugurating Tharattu, a State-level adoption awareness programme to be implemented by the Kerala State Council for Child Welfare this month and the next, here on Sunday.

Mr. Nagaresh said laws were often passed during boycott by members in Parliament or legislatures. Laws so passed led to big problems. This should be taken seriously, especially if the laws pertained to children.

Courts, he said, must take a decision keeping in mind the interests of children, in disputes involving them. They should exercise the ‘parens patriae’ jurisdiction in disputes involving children.

Mr. Nagaresh said the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, related to functioning of children’s homes, made it very difficult to operate institutions registered under this Act. The facilities stipulated for a child in such homes were difficult even for a middle class family to provide. Also, if these homes were closed down, where would the children go.

When the institutions approached the High Court against the stringent provisions, it realised the gravity of the problem and referred the case to the Supreme Court. The child welfare council should implead in the case and make its stance clear, Mr. Nagaresh said.

Kadakampally Surendran, MLA, presided over the function. Kerala State Commission for Protection of Child Rights chairman K.V. Manoj Kumar led a seminar on Juvenile Justice (Care and Protection of Children) Act; former district child protection officer K.K. Subair spoke on ‘Adoption process and legal aspects’ and a session on ‘Adoption: what one needs to know before and after’ was held by former Kerala State Commission for Protection of Child Rights member C.J. Antony.

Those who have adopted children and those who had registered for adopting were present at the awareness programme.

State Adoption Resource Authority programme manager Jijo Sebastian, council general secretary G.L. Arun Gopi, other council office-bearers and staff were present on the occasion.

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