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Section 70: Powers of Authority

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

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Act 2015
Section 69 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 71

Legal Commentary & Landmark Judgments: Section 70

Section 70 of the Act delineates the powers and functions of CARA, mandating it to promote in-country adoptions, regulate inter-country adoptions, license foreign agencies, and maintain the nationwide CARINGS digital database.

  • Administration of CARINGS National Digital Platform: Obligates CARA to manage the central digital portal linking prospective adoptive parents, children legally free for adoption, and adoption agencies nationwide.
  • Issuance of Mandatory Adoption NOCs: Vests exclusive authority in CARA to issue No-Objection Certificates for inter-country adoptions upon thorough background verification.
  • Accreditation & Inspection of Foreign & Domestic Agencies: Empowers CARA to accredit foreign adoption agencies and conduct physical inspections of Specialised Adoption Agencies in India.
Key Landmark Precedents:
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Supreme Court affirmed that the powers exercised by CARA under Section 70 provide the legal foundation for ethical, transparent, and non-exploitative child adoption.
  • Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244: Affirmed that CARA's regulatory vetting ensures children placed in inter-country adoption enjoy full civil and citizenship rights in receiving nations.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed CARA's comprehensive statutory oversight powers.
Courtroom Practice & Strategic Litigation Guidance:

In cross-border custody or adoption disputes, the CARA No-Objection Certificate (NOC) issued under Section 70 is conclusive proof of compliance with Indian law and the Hague Convention; production of the NOC is mandatory before the District Magistrate.

Section 69 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 71