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Kamis, 30 Desember 2010

Sale of Children for adoption in India continues

Serious adoption issues came to the fore in Pune

Published: Tuesday, Dec 28, 2010, 11:02 IST
By Bhagyashree Kulthe | Place: Pune | Agency: DNA

The illegal trafficking of children for adoption came to light in June this year with the arrest of the head of Gurukul Godavari Balak Ashram for illegal sale of a HIV-positive child to a childless couple.

Irregularities in the adoption process took centrestage with the arrest of the head of Preet Mandir adoption agency for alleged involvement in wrong adoption practices in August.

The incidents put all the adoption agencies and orphanages in the city under the scanner, raising questions about the role of women
and child development commissionerate, with its
headquarter in Pune.

The Yerawada police arrested Mathew Rayappa Yanmal (49), head of Gurukul Godavari Balak Ashram, on June 2 for selling an infant to a couple in Mumbai for Rs1 lakh.

The couple had lodged a complaint after the baby died. Yanmal had concealed the fact that the child was HIV-positive. He obtained a fake birth certificate of the deceased child with the help of headmaster of Namdeo Harpale Anusuchit Jati Jamati Primary and Secondary School, Somnath Bhimrao Shinde (43) of Phursungi.

Yanmal was later charged for taking another child born out of wedlock into custody illegally. The arrest of his accomplice, Shivaji Cholappa Sanake, the sacked caretaker of Preet Mandir, further complicated the matter.

Another major development was the arrest of 71-year-old Joginder Singh Bhasin, the founder of Preet Mandir, one of the biggest adoption agencies in the city, for illegal adoption practices on August 10.

The petitions filed in the Bombay high court by city-based NGOs, Advait Foundation and Sakhee, in 2006 and 2007 put the agency in the eye of the storm.

The Central Bureau of Investigation (CBI) probed the matter twice and gave a clean chit. The Central Adoption Resource Agency (Cara), the apex body in adoption, too said that no irregularities were found in the Preet Mandir case.

In May 2010, the CBI accepted there were irregularities and that government officials too were involved. They registered a case leading to Bhasin’s arrest.

He was released on bail on August 17. However, the agency succeeded in bringing a stay on the transfer of children from the two units of Preet Mandir.

The developments kept the women and child development staff and the Child Welfare Committee (CWC) on their toes while their ineffectiveness in controlling the adoption racket came to the fore.

Despite many illegal orphanages flourishing in the city, the department had not registered a single case over the last year. Even the Gurukul Godavari Balak Ashram was unregistered and no action had been taken.

The development also revealed that the tendency of childless couples to hide the fact of adoption, the high demand for infants and the long procedural wait for adoptive parents was driving the illegal racket.

Another adoption case that made headlines was that of an India-born German national, Arun Dhole, who was adopted from the city-based Kusumbai Motichand Mahila Seva Gram. His 17-year-old legal battle to know about his biological mother came to an end when the Supreme Court allowed him to see the records of the adoption agency.


Sabtu, 29 Mei 2010

INDIA - NETHERLANDS - RAHUL CASE CONTINUES - DUTCH GOVERNMENT SILENT ABOUT THE SITUATION


A Chennai slum dweller's fight for her Dutch son

Jaya Menon, TNN, May 28, 2010, 03.15am IST

Tags:Chennai|Madras High Court|Rohit Shivam Bissesar|ZwolleLelystad|director of ACT|fight for dutch son|Chennai slum dweller

CHENNAI: On June 15, when Nagarani Kathirvel leaves the squalor of a Chennai slum for the first time and appears in a court hall in Zwolle-Lelystad in the Netherlands, she would still be a long way from the end of her bitter, traumatic struggle. But it would be a beginning — to establish in a foreign court of law that she is the mother of a 12-year-old Dutch boy. About 10 years ago, Rohit Shivam Bissesar was Satheesh Kumar, a toddler living in the Pulianthope slums, that is, until he was kidnapped and given away in adoption to a Dutch couple. Earlier this month, a court in the town of Lelystad in the Netherlands summoned her to appear before it.

"Nagarani has been directed to appear before the court of Zwolle-Lelystad at 3.30pm on June 15. The proceedings will be held behind closed doors," Maaike Junte, a spokesperson for the court, told TOI from the town of Zwolle. It is a victory of sorts for the 35-year-old woman but it has come after hard battles both in courts in Chennai and the European nation. Only a month ago, her plea for a DNA test to establish that Rohit was her son was rejected by a fast-track court there. Going along with views of the special curator appointed for Rohit, the fast-track court in Zwolle-Lelystad decided "it was not in the interest of the child to know its roots."

Against Child Trafficking (ACT), a Netherlands-based organization fighting Nagarani's case, reacted rather strongly. Said Roelie Post, director of ACT, "It is totally unacceptable that five years after the Indian authorities discovered that this child was kidnapped and allegedly sold for inter-country adoption to a family in the Netherlands, the Dutch ministry of justice has done little to sort this out. The ministry of justice seems to be hiding behind procedures and formalities and appears to have totally lost sight of the tragedy the Indian parents are living (through)."

But even as high drama is being played out in the Dutch courts, Nagarani's case relating to her plea to be reunited with her son has been moving at snail's pace in the Madras high court. Since September 2007, when it was entrusted with the case, the CBI has been grappling with what it claims is the "intransigent attitude" of foreign governments. The investigating agency has taken up three cases of abducted children (including that of Nagarani) given up for adoption abroad. "We sent letters rogatory (a formal communication to competent authorities for investigation in foreign countries) to the US, Australia and Netherlands about two years ago. We finally received a reply from the Netherlands. But the correspondence is in Dutch and we have not been able to proceed further," said a CBI source.

The story of Nagarani goes a long way back to a balmy night in October 1999 when the family rolled out their mats on the hard mud road in the Pulianthope colony and decided to sleep under the stars.

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