A normal child is a child who is not suffering from any disability as provided under the Rights of Persons With Disabilities Act.
The petition was filed by one Jesi Jeevarathinam, who has biological children and applied for adoption a child in December 2020.
The plea stated that the Steering Committee Resource Authority decided to implement the Adoption Regulations, 2022 with retrospective effect and such a decision was arbitrary, unreasonable and violative of Article 14 of the Constitution.
The Court was told that the petitioner applied for adoption of third child under the Adoption Regulations, 2017 which was in vogue at that time. These Regulations barred parents with three or more children from adopting a ‘normal child’.
“Pertinently, the 2022 Regulations came into force on 23rd September 2022 i.e., the date of the notification in official Gazette. The said Regulations do not provide for retrospective implementation and hence, the Committee’s decision to implement the Regulations retrospectively is contrary to the settled law that any Statute/Rules/Regulations have a prospective operation unless the Statute/Rules/Regulations specifically provide for its retrospective operation,” the plea stated.
Source: Barandbench
