Recently, the Karnataka High Court held that the biological father’s consent is immaterial in the adoption of a child born out of rape. The Court made this observation while ruling in favour of a teenage sexual assault survivor who was denied official permission to facilitate the adoption of her child. The Court emphasised that when natural guardians are unable to provide a supportive environment, the child is deemed an orphan for practical purposes requiring adoption for their welfare and dignity under Article 21 of the Constitution of India.
The case involved a 16-year-old girl who became pregnant after being allegedly raped between November 2023 and June 2024. Following her complaint, a criminal case was registered against the accused under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC) sections 376, 506, and 34. After the birth of the child, the survivor, along with her mother and the prospective adoptive parents, filed a petition to allow the child’s adoption when the baby was 51 days old. However, authorities rejected the application on the grounds that the biological father of the child was not included as a consenting party in the adoption process. The survivor challenged this decision, seeking relief from the High Court.
The petitioner argued that requiring the consent of the biological father, who was accused of rape was unnecessary and contrary to the welfare of the child. It was contended that the child’s best interest lay in being placed with adoptive parents who could ensure a loving and secure environment. The petition emphasised that withholding adoption on procedural grounds violated the child’s right to live with dignity as guaranteed under Article 21 of the Constitution.
The Karnataka High Court, presided over by Justice Hemant Chandangoudar, upheld the petitioner's contentions and highlighted the importance of ensuring the welfare of children born under such circumstances. The Court stated, “When the natural guardians of a child are incapable of providing a loving, safe, and nurturing environment, the child, for all practical purposes, falls within the definition of an ‘orphan.’ Failure to give such a child in adoption would deprive him or her of the right to live with dignity, as guaranteed under Article 21 of the Constitution. Hence, adoption in such cases is not only a statutory right but also a moral obligation to ensure the overall welfare and development of the child”.
The Court clarified that insisting on the consent of the biological father, especially one accused of rape was irrelevant and detrimental to the child’s welfare.
The High Court directed the sub-registrar of Yelahanka, Bengaluru, to register the adoption deed dated November 11 without requiring consent from the biological father. The Court’s ruling reaffirmed the importance of prioritizing the welfare of children and ensuring their right to a dignified life, particularly in cases involving sexual violence.
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