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1981 DIGILAW 145 (GUJ)

RASIKLAL CHHAGANLAL MEHTA v. STATE

1981-08-19

B.J.DIVAN, P.D.DESAI

body1981
B. J. DIVAN, P. D. DESAI, J. ( 1 ) THIS Writ Petition arises out of the order dated 9/09/1980 made by the District Judge at Rajkot in Civil Miscellaneous Application No. 153 of 1980. The said application was presented in the District Court on 27/08/1980 by the Honorary Secretary of Kathiawar Nirashrit Balashram Rajkot under sec. 9 (4) of the Hindu Adoptions and Maintenance Act 1956 (hereinafter referred to as the Act) for permission of the Court to give a minor female child by name Krutika in adoption to Mr. and Mrs. Schumann Herbert Jakob residing in West Germany. The application was supported by the affidavit of the applicant and of Mr. Jakob who declared to have adopted Hindu religion. The Court issued a general notice and invited objections. No objections came forth. The Court on the material placed before it inter alia came to the conclusion that the institution of which the applicant was the Secretary had scrutinized the proposal with regard to adoption and made necessary inquiry and found that the adoption would be beneficial to the child financially socially morally and in every respect. The Court therefore granted permission under sec. 9 (4) of the Act to the applicant to give the minor female child in adoption to Mr. Schumann Herbert Jakob. Be it noted that the order did not specifically mention or permit that the minor female child was to be taken to West Germany by the adoptive parents. ( 2 ) IT appears that even prior to the making of the order referred to above a deed of adoption was executed on September 4 1980 by the applicant wherein it was recited that pursuant to the verbal order granting permission to give the minor female child in adoption the applicant had given the child in adoption to Mr. Schumann Herbert Jakob and Mrs. Annemarie Schumann in the presence of many social workers and witnesses and that Mr. Schumann Herbert Jakob and Mrs. Annemarie Schumann had taken the said child in adoption. The deed also mentioned that the child was to be taken by the adoptive parents to West Germany. ( 3 ) IT appears that Mr. Schumann Herbert Jakob and Mrs. Annemarie Schumann made an application to the Regional Passport Officer Ahmedabad for issue of a passport for the minor female child. Annemarie Schumann had taken the said child in adoption. The deed also mentioned that the child was to be taken by the adoptive parents to West Germany. ( 3 ) IT appears that Mr. Schumann Herbert Jakob and Mrs. Annemarie Schumann made an application to the Regional Passport Officer Ahmedabad for issue of a passport for the minor female child. The application was however returned with an endorsement that unless the District Court passed an order permitting the child to be taken out of India no passport could be granted to or in respect of the child. Thereupon Mr. Schumann Herbert Jakob and Mrs. Annemarie Schumann and the applicant in Civil Miscellaneous Application No. 153 of 1980 instituted Special Civil Application No. 2479 of 1980 praying inter alia that the Regional Passport Officer Ahmedabad be directed to issue a passport to the minor female child forthwith and without further delay. Annexed to the memo of the said Special Civil Application was a copy of the order passed in the said Civil Miscellaneous Application granting permission for adoption under sec. 9 (4) of the Act. ( 4 ) WHEN the aforesaid Writ Petition reached preliminary hearing before one of us (P. D. Desai J) it appeared that the order under sec. 9 of the Act was made perfunctorily without holding proper inquiry. Under the circumstances the Court in exercise of its suo motu powers under Article 227 of the Constitution issued a notice to the applicant in Civil Miscellaneous Application No. 153 of 1980 to show cause why the order dated 9/09/1980 made by the District Judge in the said proceeding should not be quashed. The said order was made on 12/09/1980 This is the history behind the present writ petition which has originated on account of the said order. ( 5 ) SUBSEQUENTLY having regard to the importance of the question involved the writ petition was referred to the Division Bench. The Court had meanwhile issued notice to the Indian Council of Social Welfare as well as to the State Government and to the Government of India. Mr. S. N. Shelat and Mr. Girish Patel Advocates were also appointed amicus curiae to assist the Court. ( 6 ) WHEN the matter reached hearing on an earlier occasion Mr. The Court had meanwhile issued notice to the Indian Council of Social Welfare as well as to the State Government and to the Government of India. Mr. S. N. Shelat and Mr. Girish Patel Advocates were also appointed amicus curiae to assist the Court. ( 6 ) WHEN the matter reached hearing on an earlier occasion Mr. M. D. Pandya made a statement that he had received instructions to seek the permission of this Court for withdrawal of Civil Miscellaneous Application No. 153 of 1980 out of which this writ petition arises. The permission for withdrawal was sought because it was felt that the proper procedure to adopt in the instant case was to make an application to the competent Court under the provisions of the Guardians and Wards Act 1890 The Court was informed that proceedings under the Guardians and Wards Act had already been instituted in the District Court at Narol and that they were pending hearing and disposal. The Court made an order on that day observing that it was not possible to entertain the request for withdrawal of Civil Miscellaneous Application No. 153 of 1980 because the matter raised questions of far reaching importance which required the making of a speaking order laying down guidelines with regard to the approach of the Court in the matters of adoption. The Court further observed however that there was no reason why the District Court at Narol should not proceed with the case under the Guardians and Wards Act till the stage of making of a final order pending the grant of permission for withdrawal of Civil Miscellaneous Application No. 153 of 1980 Accordingly the District Court at Narol was directed to consider the request. if any made by the applicants to preened with the hearing of the application under the Guardians and Wards Act pending the disposal of this writ petition. ( 7 ) ON a subsequent occasion the Court passed another order stating that it was inclined to grant the request for permission to withdraw Civil Miscellaneous Application No. 153 of 1980. However since a little more consideration was necessary in order to lay down the guidelines as regards the approach of the Court in matters of adoption a formal order granting permission for withdrawal of the said Civil Miscellaneous Application would be passed at later date. However since a little more consideration was necessary in order to lay down the guidelines as regards the approach of the Court in matters of adoption a formal order granting permission for withdrawal of the said Civil Miscellaneous Application would be passed at later date. In view of the fact however that the Court was inclined to grant the request for withdrawal the District Court at a Narol was permitted to make the final order in proceedings under the Guardians and Wards Act pending before it. ( 8 ) BY this order today permission is granted to the applicant of Civil Miscellaneous Application No. 153 of 1980 to withdraw the said application. The result would be that the proceedings under sec. 9 (4) of the Act which were instituted in the District Court at Rajkot are rendered abortive and the present writ petition whereunder the order passed in the said proceedings was sought to be reviewed in exercise of suo motu powers under Article 227 does not survive. As observed by us on the earlier occasions however we purpose to broadly indicate the factors which are required to be borne in mind by the Courts in matters of adoption. ( 9 ) IN the instant case as the facts set out at the commencement of the judgment would indicate we are concerned with an inter-country adoption and we would therefore confine our attention to such adoptions. The Indian Council of Social Welfare has defined an inter-country adoption as one in which the adopters and the child do not have the same nationality as well as one in which the habitual residence of the adopters and the child is in different countries. The Indian Council of Social Welfare has pointed out that inter-country adoptions are not a simple matter. They involve a variety of principles and procedures over migration citizenship the socio-economic situation of adoptive parents matching parents with the child and the acceptance of the child in a different community and culture. Therefore the Indian Council of social Welfare has recommended that in the interest of the child it is necessary to regulate inter-country adoption by legislations and by strict collaboration between qualified and authorised personal and social authorities. Therefore the Indian Council of social Welfare has recommended that in the interest of the child it is necessary to regulate inter-country adoption by legislations and by strict collaboration between qualified and authorised personal and social authorities. The end result of the process will be that adoption would not be a mere legalistic arrangement but the creation of an environment in which the child can grow in health and happiness and be really integrated in the society of its adoption. Be it noted at this stage that the view of the Indian Council of Social Welfare is that the best answer to 8 homeless child is adoption within his own country where he can assimilate easily with people culture and customs. It therefore campaigns for more adoptions of Indian children by Indians. However since there are more children in need of homes than there are parents forthcoming inter-country adoptions are filling the gap. The Indian Council of Social Welfare has therefore also focused attention on inter-country adoption to ensure that the childs interest is secured in cases of such adoptions. ( 10 ) ACCORDING to the Indian Council of Social Welfare in case of inter-country adoptions it becomes essential that legal requirements of both the countries are thoroughly satisfied since adoption laws differ from country to country. Besides it would be necessary to ascertain whether the adoptive parents are able to provide the child with a satisfactory home. This would mean investigating into the economic status and social conditions of the family questions of health and psychological preparedness for adoption the childs acceptance within the community etc. A qualified social investigation must be provided on the basis which decision regarding eligibility can be made. With the above end in view the Indian Council of Social Welfare has prepared a list of points to be considered for screening an adoptional proposal. The said list is annexed as Appendix-I to this judgment. Every Court concerned with an inter-country adoption would be well-advised to satisfy itself that an independent trustworthy recognised and reputed social organist which concerns itself with the child adoption programme has investigated into those points and submitted a report to the satisfaction of the Court. The Indian Council of Social Welfare has also enumerated documents which should be ordinarily submitted to the Court processing adoption cases. The said list of documents is annexed as Appendix-II to this judgment. The Indian Council of Social Welfare has also enumerated documents which should be ordinarily submitted to the Court processing adoption cases. The said list of documents is annexed as Appendix-II to this judgment. livery Court dealing with an inter-country adoption case should ordinarily insist that those documents accompany the petition. ( 11 ) AT this stage it would be worthwhile to point out that certain fundamental principles governing an inter-country adoption are found incorporated in the report of the European Expert Group on Inter-country Adoption organised jointly by the European Office of the Technical Assistance Administration United Nations and International Social Service. These principles are of great relevance and the Court dealing with inter-country adoption must bear those principles in mind before making an order in inter-country adoption case. Annexed as Appendix-III to this judgment are those fundamental principles. ( 12 ) IT is well to remember that ours is a developing country where large sections of the people live under conditions of abject poverty and that many more subsist on a standard of living which is just above the poverty line. The movement which actively encourages the adoption by foreigners especially Westerners of the children born in such families in the fond belief that the adoption would secure a better life for them is therefore genuine ground. Besides there are a large number of orphans and street-urchins for whom the State and society have not been able to provide shelter food clothing and education. There is a good case for their adoption by genuine foster parents in Europe or America where it would be legitimate to hope that they would be lovingly cared for and ultimately turned into better men. However this entire movement is not fool-proof. It is not free from abuse and aberrations. The possible existence of an international racket trading in such children and selling them at profit into slavery or prostitution cannot be altogether ruled cut. Indeed the movement was discredited to such an extent in Sri Lanka that cessation of all foreign adoptions was ordered in that country. It is for this reason than the Courts must exercise greater vigilance while dealing with cases of inter-country adoption. We annex to this judgment as Appendix-IV an article by Dr. Jack Preger published in The Statesman (Delhi Edition) of 25/05/1981 under the caption Trading In Young Hopes. It is for this reason than the Courts must exercise greater vigilance while dealing with cases of inter-country adoption. We annex to this judgment as Appendix-IV an article by Dr. Jack Preger published in The Statesman (Delhi Edition) of 25/05/1981 under the caption Trading In Young Hopes. The article throws considerable light on the possible existence of such an international racket and illustrates how in Bangladesh international traffic in children was reported to be prevalent. As pointed out in the said article readily acknowledged in our country. Legislative and executive action ensuring that the goods cause is not exploited for ulterior ends appears to be over due. having regard to the spectable presented by the neighbouring countries. Social workers interested in the cause owe it to themselves and to the movement to explore and to explode such racket if any stealthily working in our country. To ensure that Courts at least do not by being hurried into sanctioning such inter-country adoptions unwittingly lend authenticity such malpractices we have considered it fit to sound a of caution and to invite attention to the guidelines laid down by reputed and recognised national and international organisations. ( 13 ) IN order that the Courts can satisfactorily decide an inter-country adoption case against the aforesaid background and in the light of the above referred guidelines we consider it necessary to give certain directions. In all such cases the Court should issue notice to the Indian Council of Social Welfare (175 Dadabhai Naoraji Road Bombay-400 001) and seek its assistance. If the Indian Council of Social Welfare so desires it should be made a party to the proceeding. If the Indian Council of Social Welfare does not appear or if it is unable for some reason to render assistance the Court should issue notice to an independent reputed and publicly/officially recognised social welfare agency working in the field and in the area and request it to render assistance in the matter. Adequate safeguards whenever necessary should be introduced in the Courts order for the enforcement of the further orders of the Court intended to secure the welfare of the child. Reasonable safeguards which can be introduced with suitable adaptations are illustrated in para. 27 of the Full Bench decision in Marguerite Maria v. Dr. Adequate safeguards whenever necessary should be introduced in the Courts order for the enforcement of the further orders of the Court intended to secure the welfare of the child. Reasonable safeguards which can be introduced with suitable adaptations are illustrated in para. 27 of the Full Bench decision in Marguerite Maria v. Dr. Chacko A. I. R. 1970 Kerala 1 which was a case where custody of two children of tender age born to a German woman out of wedlock with an Indian was given to the mother. Though the context is different some of the conditions there enumerated are relevant. For the enforcement of such conditions the adoptive parents ought to be required to submit to the Courts jurisdiction. A provision for a periodical report pertaining to the maintenance and well-being of the child in the hands of the adoptive parents can also be envisaged as a condition of the order. ( 14 ) ONE more aspect may be specifically mentioned although it is covered by Principles 10 11 and 12 set out in Appendix-III and point 9 set out in Appendix-I. The Court must ensure in such proceedings that the adoption is legally valid as per the laws of both the countries that the adoptive parents fulfil the requirement of the law of adoption in their country that they have the requisite permission to adopt if required from the appropriate authorities in their country that the child will be able to immigrate to the country of the adoptive parents and that he will be able to obtain the nationality of the parents. If these facts are not established what will result is either an abortive adoption having no validity in either country or a limping adoption that is to say an adoption recognised in one country but having no validity in another leaving the adopted child in a helpless and hapless condition. Such an unfortunate situation must in any event be avoided. ( 15 ) WE need hardly mention that we expect that the guidelines and directives hereinabove set out will be scrupulously observed by every Court in the State dealing with a case of inter-country adoption. A copy of the judgment together with the appendices to be circulated amongst the Judges of the City Civil and Sessions Court at Ahmedabad and amongst all the District Judges and Assistant Judges. A copy of the judgment together with the appendices to be circulated amongst the Judges of the City Civil and Sessions Court at Ahmedabad and amongst all the District Judges and Assistant Judges. A copy of the judgment together with the appendices to be forwarded to: (1) Secretary to the Ministry of Social welfare Government of India (2) Secretary to the Social Welfare and Tribal Development Department Government of Gujarat (3) Director of Social Defence Government of Gujarat and (4) Indian Council of Social Welfare. ( 16 ) BEFORE parting with the matter we must place on record our deep sense of gratitude to Mr. S. N. Shelat and Mr. Girish Patel for having rendered valuable assistance to us as amicus curiae. APPENDIX I. Points to be noted for screening an Adoption Proposal 1 Home Study with following certificates should be attached : (A) Income and Employment Certificate of the adoptive parents. (B) General Health Certificate of Parents and other children in family. (C) Sterility Certificate (if applicable) (D) References atleast two. (E) Affidavit of consent from adoptive parents accepting the said child. All certificates in the original must be supplied to the Court. 2 Assess attitude of family members to the adoption of a coloured child. 3 Assess attitude of other siblings at home. 4 Assess attitude of neighbourhood to this adoption. 5 If the adoptive mother is working is she prepared to give up her job temporarily or permanently ? What are her alternative plans ? 6 The adoptive child as far as possible should be younger than the siblings at home. 7 Two children at a time should not be recommended unless they are related. 8 see if child is private on remand or court committed and check for the proper release orders. 9 See if the parents fulfil the requirement of law of adoption in their country and that they have the requisite permission to adopt from the appropriate State authorities. 10 For children below three a medical report should be submitted for children above three a child study report including medical I. Q. personality tests school report preparation towards adoption and fitness to travel should be given. 11 To case of single ladies additional points to be noted. (A) Alternative Plans for the child in case of an eventuality whether temporary or permanent. 11 To case of single ladies additional points to be noted. (A) Alternative Plans for the child in case of an eventuality whether temporary or permanent. (B) Presence of a male figure to be identified as a father figure. APPENDIX- II. Documents Which Should Ordinarily Accompany Petition1 Home Study of adoptive parents. 2 Child-study including medical report and I. Q. and personality report in case of children above three years. 3 Medical Report of the adoptive parents. 4 Sterility certificate if applicable. 5 Employment and income certificate. 6 References at least two. 7 Statement on the origin and status of the child from the institution releasing the child for adoption. In case of child being transferred from other institution statement from the parent institution consenting to the adoption also required. 8 Declaration from the parents accepting the child for adoption. 9 Copy of warrant order and Probation Officers report in case of court-committed children. 10 No objection certificate from Juvenile Court Magistrate in case of children on remand. 11 Statement of release order from Chief Inspector of Certified Schools for Court Committed Children. * Check document for relinguishing a child by the natural guardian. APPENDIX - III fundamental Principles in Inter-country Adoption. EXTRACT from Report of the European Expert Group on Inter-Country Adoption Geneva 21- 25/01/1957 organised jointly by the European Office of the Technical Assistant Administration United Nations and International Social Service. Principle 1that as a general rule it can be agreed that adoption is the best substitute for care by a childs own parents or close relatives; and that adoption practices should be based fundamentally on the warfare of the. child. Principle 2since there are various hazards inherent in transplanting a child from one culture to another sufficient consideration should be given to possible alternative plans for the child within his own country before inter-country adoption is decided upon. Principle 3that efforts should be made within countries to examine whether certain children should be adopted rather than remaining indefinitely in institutions because of rather slight family ties; that careful examination should be made of the value to the child of such ties which act as an obstacle to adoptive placement for him. Principle 4that efforts should be made to find adoptive homes for children with certain mental or physical defects and for children with family background which presents an obstacle to adoption in their own country. Principle 4that efforts should be made to find adoptive homes for children with certain mental or physical defects and for children with family background which presents an obstacle to adoption in their own country. Principle 5that extremely careful consideration should be given before a child is removed from his own relatives for adoption; that a parent regardless of social and legal status should have the opportunity for full consideration of what is involved including legal and psychological consequences before a decision is made that adoption is the best plan for the child; that concepts of modern child and family welfare should prevail over economic and social factors. Principle 6that those who have ties legal or emotional to the child should be helped to understand thoroughly the meaning of adoption in the culture of the new country; that the child if old enough he should also be prepared for the implications of adoption and life in the new country; that unless this can be done and the consequence accepted by all concerned the child should not be considered suitable for inter-country adoption. Principle 7that before an adoption is arranged an adequate home study of the adoptive parents should be completed as well as an adequate study of the childs background physical condition and personality development that it is recognised that a home study of the adoptive parents may have limited value when the parents are living in a temporary setting so that there are often valid reasons not to consider such couples as prospective adoptive parents unless they live in one setting for a sufficient length of time; then they can be studied by a social worker who is sufficiently familiar with their culture and an appeared of them in their own home/ community can be obtained before a child is placed with them. That in general there is opposition to proxy adoptions except under certain circumstances where there is an already existing ties between adoptive parents and child. Principle 8that in cases where prospective adoptive parents and child are to be selected for each other extremely careful attention be given to this process including the factor of religion. That in general there is opposition to proxy adoptions except under certain circumstances where there is an already existing ties between adoptive parents and child. Principle 8that in cases where prospective adoptive parents and child are to be selected for each other extremely careful attention be given to this process including the factor of religion. Principle 9that there should be a sufficiently long trial period with the help of a social worker who may be able to understand the natural patterns of the parents and children before adoption is finalised; that an ideal length of the trial period is difficult to establish in view of the many varying factors. Principle 10that care must be given before the adoption plan is finalised that pertinent legal document necessary to complete the adoption are available; that it must be definitely established that the child will be able to immigrate to the country of the adoptive parents and can subsequently obtain their nationally. Principle 11that care must be given to assuring adequate protection to the child in his new country that in view of the difficulty of exercising guardianship functions across national boundaries the value of the formal legal guardianship needs to be examined; that legal responsibility of the child in the new country should be established promptly. Principle 12that steps must be taken to assure that the adoption is legally valid in both countries. APPENDIX-IV article by Dr. Jack Preger published in the Statesman dated 25/05/1981 delhi Edition) trading IN YOUNG HOPES abuses that discredit child adoption. --A flourishing international racket in boys and girls harms the case of genuine foster parents in the West who wish to give underprivileged children a better start in life says Dr. Jack Preger whose one man crusade for the young has attracted considerable notice in Dacca and Calcutta. The auther is a British medical man who went to Bangladesh in 1972 in response to the Governments appeal for doctors. While working in relief camps there he claims to have come across the mysterious disappearance of about 30 children whose adoption had allegedly been arranged by a Dutch Welfare Organization but who could not be traced in the Netherlands though they had been taken out of Bangladesh Dr. Preger says that his persistent inquiries led to his deportation but the circumstances are now about to be examined by the U. N. Human Rights Commission. Preger says that his persistent inquiries led to his deportation but the circumstances are now about to be examined by the U. N. Human Rights Commission. MANY developing countries including India now actively encourage the adoption of children by Westerners in the hope that they will be guaranteed a better future. That hope is certainly fulfilled in most instances where orphans street urchins and slum children are taken to Europe or America lovingly cared for by foster parents educated and equipped for succesful profession in far more alienate societies. But the system is not without abuse and specific aberrations need to be faced and removed if the whole concept of adoption by foreigners is not to be discredited as it was in Sri Lanka. EVIDENCEACCORDING to a U. N. source for instance there is evidence of an established international market in boys and girls. In Djakarta in August 1979 and again last December the police arrested midwives who bought poor children to sell them at a profit to the Dutch and other Europeans. The Indonesian police suspect a world wide network of dealers. The British Minority Rights Group was also supplied with details of trafficking in children in Thailand victims being sold into slavery or prostitution. there is also evidence of sexual torture and even murder of children featuring in Snuff films allegedly made in Latin America. SUCH malpractices are examined by the Anti Slavery Society for the Protection of Human Rights founded in Britain in 1839 which is concerned (like the U. N. group of experts on slavery) with child labour traffic in human beings migrant workers and prostitution. The society has consultative status with the U. N. Economic and social Council and reports to the Commission on Human Rights. It has recently received disturbing reports from Bangladesh suggesting collusion between a Dutch welfare agency and Dacca officials. The matter has also been reported to Interpol but unfortunately action cannot be taken without the cooperation of the Dutch and Bangladesh police. These aspects of what looks like the cruel deprivation of parents and exploitation of innocent children both allegedly under false presences will be discussed at the Human Rights Commissions next meeting in Geneva scheduled for August. The matter has also been reported to Interpol but unfortunately action cannot be taken without the cooperation of the Dutch and Bangladesh police. These aspects of what looks like the cruel deprivation of parents and exploitation of innocent children both allegedly under false presences will be discussed at the Human Rights Commissions next meeting in Geneva scheduled for August. THE matter came to light in December 1980 when volunteers who had worked on relief and development programmes in Bangladesh described to the Anti Slavery Society their findings relating to the allegedly illegal collection and export of children ostensibly for adoption and mainly to unknown destinations. The society agreed to consider the evidence in the form of signed statements with a view to presenting the complaint to the Human Rights Commission. THE names and approximate ages of the missing Bangladesh children are known. The names and addresses of the parents who complain they were defrauded of their children are also known; as are the names of those who collected the children and the periods during which they operated. The names of the organizations which provided cover and finance for the allegedly illicit collection and of officials in Dacca who processed adoption have also been supplied. THE aim of confronting the Bangladesh Government at the U. N. with evidence of these apparently criminal activities is to ascertain the destinations to which the children were sent their present location and condition and to raise the question of compensation for the parents if the children are found to be in good homes. Nearly four years have elapsed since the first representations were made to Dacca and it would be unthinkable now to demand return of any children who are being well cared for. OUT of the 33 boys and girls who according to the parents were removed under false pretenses from the Dattapara Camp at Tongi near Dacca in 1977 by Terre des Hommes Netherlands (TDH-N) only six reportedly arrived in Holland. Local Dutch investigations however seemed to refute even this claim. The parents were told that their children would go into a boarding school in Decca and normal access would be allowed. Local Dutch investigations however seemed to refute even this claim. The parents were told that their children would go into a boarding school in Decca and normal access would be allowed. The children were to be returned home after a period of care and education and there was no question of their being sent abroad whether for adoption or any other purpose atleast this is what the parents maintain they were assured by the Bangladeshi staff of TDH-N. In fact the children were placed in an overseas adoption center run by the Netherlands Inter-Country Child Welfare Orgainstion (NICWO) before being sent abroad. INQUIRIES at The Hague in March 1979 revealed that according to NICWO some of the missing children were too old to have entered Holland under its adoption laws. Three months after stating that six of the children listed had arrived in Holand NICWO let it be known that none of them had been received. This was nearly two years after the children had been sent out of Bangladesh. THE question is where are those hapless children now ? No one will answer. In September 1978 TDH-N denied in a letter to Le Monde any involvement in adoptions from Bangladesh even though their director in Dacca also represented NICWO whose adoption centre there was used in the collection procedures. NICWO has given no information other than the conflicting statements made concerning the six children already referred to. THIS explanation of the Bangladesh case illustrates the complexity of the corrupt practices on which international traffic in children is based. But our concern here is not simply with human rights violations of four years ago. At the Anti Slavery Society meeting referred to a Dutch volunteer recently working in Bangladesh stated that more children were exported by the TDH-N last March. The same volunteer had in 1976 reported corrupt practices to TDH-N headquarters at The Hague but to no avail. The founder of the TDH movement Edmond Kaiser has since 1975 received a series of similar allegations concerning his unit in Bangladesh but is apparently powerless to control the movement he originated. The same volunteer had in 1976 reported corrupt practices to TDH-N headquarters at The Hague but to no avail. The founder of the TDH movement Edmond Kaiser has since 1975 received a series of similar allegations concerning his unit in Bangladesh but is apparently powerless to control the movement he originated. A group of expatriate volunteers made similar representations to a TDH-N Board member who visited Dacca but were told that since malpractices flourished at every level in Bangladesh TDH-Ns local staff could not be expected to remain immune !one of the aggrieved parents in Dattapara camp sent a signed statement to Calcutta last December claiming that petitions had been forwarded to the police in Tongi and Dacca seeking the return of the missing children. But nothing has been done. Nor has TDH-N at The Hague kept its March 1979 assurance that the case under discussion would be the decisive factor in reorganizing its Bangladesh operation and dismissing guilty employees. THE demand to adopt children in developed countries is backed by funds of such magnitude that whoever has to be bought in underdeveloped societies is readily bought. There is however no reason to believe that this kind of abuse is peculiar to Bangladesh. Nor does the similar obstructive reaction of Dutch representatives in Dacca suggest only foutuituous collaboration. The refusal of other Western adoption agencies operating in Bangladesh to concern themselves with this case lends support to the plea for remedy as drastic as that imposed previously by Shri Lanka; cessation of all foreign adoptions. In country care foster parents childrens homes etc. would ensure the well-being of boys and girls who would otherwise have been sent abroad. Such substitution of overseas adoptions would also reduce the social problems increasingly faced by Asian minorities settled in Europe and America. THE pity is that these grim aspects of the adoption picture are not readily acknowledged in India. The response to disclosures in this country did not provoke any demand for a proper inquiry. Some adoption organizations limited themselves in public declarations either to cancealing their adoption activities or to dismissing as numbers irrefutable facts concerning these abuses. Such good intentions and the refusal to recognize possible evil can only encourage the unscrupulous few. The response to disclosures in this country did not provoke any demand for a proper inquiry. Some adoption organizations limited themselves in public declarations either to cancealing their adoption activities or to dismissing as numbers irrefutable facts concerning these abuses. Such good intentions and the refusal to recognize possible evil can only encourage the unscrupulous few. TOUTINGTHERE is certainly touting for children in Calcutta and other Indian cities for adoption abroad; and there is no reason why the destitute mother of a seriously sick child should be deprived of adoption facilities. But credentials have to be examined and a childs future ensured in advance. Unfortunately only peripheral details seem now to receive attention. An allegation of religious discrimination was investigated recently. The Jana Sangh in Delhi used to oppose all adoptions by foreigners. The baptism of abandoned children has been questioned recently in Bangladesh and other Islamic countries. But these are relatively minor matters which may be easily remedied by the well-meaning but overenthusiastic organizers of various childrens programmes. Not so however the health and even lives of children who may escape poverty at home for a far worse if still undisclosed fate abroad. .