The Kerala High Court has taken a significant step by staying all orders for the collection of DNA samples from adopted children of rape and Protection of Children from Sexual Offences Act (POCSO) survivors. The court's decision comes in response to a report filed by the Victim Rights Centre, Kerala Legal Services Authority, which raised concerns about the violation of the divine concept of adoption and the emotional well-being of the children involved.
The report highlighted instances where courts had ordered DNA testing of adopted children who had already integrated into their adoptive families. The sudden revelation of their adoption status, particularly if they were born to rape victims, could lead to emotional distress and behavioural disorders. The report argued that such DNA tests would defeat the purpose of adoption and infringe upon the children's right to privacy.
Taking the report into consideration, the Kerala High Court initiated a suo motu case and stayed all orders for DNA sample collection from adopted children. Notices were issued to the Foreigners Regional Registration Office (FRRO), the Secretary of Public (Foreigners) Department, and the Tiruchirappalli District Collector to respond within six weeks.
Advocate Parvathy Menon, the project coordinator of the Victim Rights Centre, stated that allowing DNA testing of children born to rape and POCSO victims would adversely affect the privacy and interests of the children and their adoptive families. The conflict of laws involved in this matter prompted the Women and Child Department to seek guidance from the Victim Rights Centre, which prepared the report after extensive discussions with various stakeholders. The report was then forwarded to the Advocate General and subsequently presented to the Chief Justice of the Kerala High Court.
The stay on DNA testing orders provides a respite for the adopted children, protecting their emotional well-being and ensuring the preservation of the divine concept of adoption. The court's decision underscores the need to balance the interests of justice with the rights and welfare of vulnerable children.
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