Thiruvananthapuram: Legal experts felt that several articles of the Indian Penal Code and Juvenile Justice Act could be invoked against the Child Welfare Committee (CWC) and Kerala State Council for Welfare of Childhood (KSCCW) for the serious procedural flaws in the handing over of Anupama S Chandran’s baby to the adoptive parents.
However, these articles will only come into play if the government decides to act against the offenders.
The director of the Department for the protection of women and children, TV Anupama, pointed out serious shortcomings in her investigative report submitted to the Minister of Health and Family Welfare, Veena George on Wednesday.
The following articles could be invoked if the government decides to act:
Article 80, Juvenile Justice Act (JJA): The section deals with punitive measures for adoption without following prescribed procedures. If found guilty, the accused could face a prison sentence of up to three years and a sentence of up to Rs 1 lakh.
Section 120B, IPC (Criminal association punishment): Imprisonment of up to six months and sentence. He was accused that the CWC and KSCCW acted with the common goal of giving the baby up for adoption since the baby was turned over to authorities. Anupama Chandran also alleged political intervention to hand over her child to foster parents.
Section 468, IPC (False for the purpose of cheating): Imprisonment of up to seven years and sentence. It was initially said that Anupama Chandran’s parents turned the child over to KSCCW, but then changed the version, claiming that the baby was left in the “Ammathottil”, an electronic cradle meant to provide life support. better living conditions for destitute, abandoned and abandoned children. If the baby was handed over directly to the board as stated above, this constitutes an irregularity. It was also alleged that documents had been forged to establish that the child was an orphan and to facilitate the adoption process. It is not known whether the council had the required permit when it gave the child to foster parents.
Section 420, IPC (Cheating): Imprisonment of up to seven years and sentence. The Andhra Pradesh-based adoptive parents who had registered to adopt a child were misled into believing Anupama Chandran’s baby to be an orphan while delivering him to them. They had to return the child after it was revealed that his biological parents were alive and that he had been given up for adoption without their knowledge or consent.
Article 370, ICC: The section deals with human trafficking, and the culprits could be jailed for up to seven years, in addition to being fined. Handing over the child to adoptive parents by flouting the rules and regulations, and also by falsifying documents, will be considered trafficking in human beings.