Karnataka High Court: Consent of Biological Father Accused of Rape Not Required for Child’s Adoption

Keywords: Karnataka High Court, biological father, child adoption, rape survivor, Article 21, POCSO Act, child welfare, right to dignity

Court Rules in Favor of Teenage Sexual Assault Survivor

The Karnataka High Court has ruled that the biological father’s consent is immaterial in the adoption process of a child born out of rape. This landmark decision came as the Court addressed the plea of a 16-year-old sexual assault survivor, who sought to facilitate the adoption of her child despite objections raised on procedural grounds.

The Court emphasized that when natural guardians are incapable of providing a supportive and nurturing environment, the child is considered an orphan for practical purposes. Adoption in such cases is essential to uphold the child’s welfare and the constitutional right to dignity guaranteed under Article 21 of the Constitution of India.

Case Background

• The petitioner, a teenage survivor of sexual assault, gave birth to a child after being allegedly raped between November 2023 and June 2024.
• The accused is facing charges under the POCSO Act and IPC Sections 376, 506, and 34.
• After the birth of the child, the survivor, her mother, and the prospective adoptive parents filed for adoption when the baby was 51 days old.

Authorities, however, rejected the application, citing the lack of consent from the biological father, who is the accused in the criminal case.

Petitioner’s Arguments

The petitioner argued that:

1. Requiring the consent of the accused biological father is unnecessary and violates the welfare of the child.
2. The child’s best interest lies in being placed with adoptive parents capable of providing a loving and secure environment.
3. Denying adoption on procedural grounds infringes upon the child’s right to live with dignity under Article 21.

High Court’s Observations

Justice Hemant Chandangoudar upheld the survivor’s plea, making several key observations:

• Child Welfare as the Paramount Concern: The Court stressed that children born out of such unfortunate circumstances must be provided with a safe and nurturing environment.
• Biological Father’s Consent Irrelevant: The consent of the biological father, especially one accused of rape, is not required in such cases, as it would be detrimental to the child’s welfare.
• Adoption as a Moral Obligation: Adoption was deemed both a statutory right and a moral duty to ensure the child’s right to a dignified life.

The Court directed the sub-registrar of Yelahanka, Bengaluru, to register the adoption deed dated November 11, without requiring the biological father’s consent.

Significance of the Ruling

The Karnataka High Court’s judgment reaffirms the judiciary’s commitment to protecting the welfare and dignity of children born under extraordinary circumstances. This decision prioritizes the best interests of the child, ensuring their right to a life of safety, security, and dignity while setting a critical precedent for similar cases in the future.

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