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Govt: IPC has to be changed to stop adoption malpractice

The government on Monday submitted its proposed guidelines to the ‘action-plan’ to prevent such malpractice to the Bombay high court. It said it would also petition the Centre to de-criminalise abandonment of children by unwed mothers.

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The state government wants the Indian Penal Code (IPC) changed so that abandoning children is no longer a crime. This will keep a check on malpractice in domestic and inter-country adoptions. 

The government on Monday submitted its proposed guidelines to the ‘action-plan’ to prevent such malpractice to the Bombay high court. It said it would also petition the Centre to de-criminalise abandonment of children by unwed mothers.

“The IPC presently criminalises abandonment of babies even by unwed mothers or in such cases involving the fear of social stigma or cases of destitution of mothers. The state government will request the Centre to consider de-criminalising such offences and instead facilitate those mothers who are willing to retain their babies to do so through programmes and schemes such as creches or day-care centres,” stated the proposed guidelines. 

Under section 317 of the IPC, abandonment of a child below 12 years by either of his parents or his guardian or caretaker is a criminal offence attracting a maximum jail-term of seven years.

The guidelines were submitted to the court while it was hearing a petition filed by NGOs Sakhee and Advait Foundation against Pune’s Preet Mandir adoption centre alleging various malpractices. Advocate for the petitioners Pradeep Havnur said the case will be heard after four weeks. 

The government has suggested that profiles of children and adoptive parents should be put up on the government’s website to find matches for each other like matrimonial websites. The government has proposed centralising adoption processes.

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