I HAVE TO FIGHT ON BEHALF OF MAJNU. EXPERTS, I REQUEST YOU TO GIVE ME SOME POINTS WHICH CAN MAKE MY ARGUMENTS STRONG.
Wonderland is a developing country with the second largest population in the world and a rapidly developing economy. In 2011, UNICEF published a report which revealed that 60% of the rural children in Wonderland suffered from malnutrition. Further, a number of NGO reports revealed that the children in the metropolitan cities of Wonderland suffered from psychological instability due to lack of parental care. The cases of female foeticides increased at the rate of 15% in the last six years. The Government of Wonderland was in constant international pressure to implement its promises under the International Conventions and to improve its child care system.
Nizami is a state in Wonderland with the s*x ratio of 570. Cases of child marriages, child labour and other social evils accelerated at an alarming rate in the state. To combat these evils the Government of Nizami passed the ‘Female Child Foster Care Act, 2012’ (“Act”) which came into effect on 5th August, 2012. The Act constituted a Child Welfare Monitoring Board (“Board”), which was entrusted with the duty of monitoring the welfare of children in the State. The Act also constituted a Foster Care Authority (“Authority”). The Act inter-alia provided that.
“2(a) ‘child’ means a female child who has not completed the age of 8 years. 2(f) ‘foster care’ means placing the child under the temporary custody and care of foster parents under the provisions of this act.
3. (1) Notwithstanding any other law for the time being in force, the Authority on being satisfied on any representation made by the Board or on
an application filed by a parent of the child, that any ground mentioned in Section 4 exists, shall have the power to make all or any of the following orders: i). take the custody of the child and place the child under the care of the foster parents for such time as it may deem fit, subject to the maximum period of ten years. ii). direct the parents of the child to pay a monthly amount not exceeding rupees one lakh, to the foster parents. iii). allow the parents to meet the child at such time and place as directed; however the total time shall not exceed ten hours in one year. iv). give directions to the foster parents for maintaining proper custody and care of the child. v). direct the Board to periodically review the physical and mental development of the child and the conditions in which she is kept by the foster parents. Explanation: For the removal of doubts, it is hereby stated that the term law includes any personal law of the parents and the child regarding adoption, custody and guardianship. 3. (2) On a representation made by the Board, the Authority can at any time, pass an order allowing the child to be reunited with the parents, on being satisfied that such order will be for the welfare of the child.
4. Conditions: The Authority can pass an order to place the child under the custody of the foster parents on any of the following grounds: i). if it is of the opinion that the parents are not able to take proper care of the child and provide proper education, nutrition and other amenities. ii). if the child is not provided with suitable toys and clothes and sufficient space to play in the house. iii). to protect the child from abuse, neglect, exploitation and other mistreatment.
5. Duties of foster parents: It shall be the duty of the foster parents to: i). take care of the child and give her a safe, stable, nurturing environment. ii). to consider the child as a part of their own family without differentiating between the child and their own biological child, if any. iii). to follow the directions of the Authority given under Section 3. PART-2 Laila, a Muslim residing in the State of Nizami married a Muslim named Majnu on 31st July, 2003. At the time of the marriage, Majnu was already married to Noor and had two daughters with her. Noor at all times dominated and influenced Majnu’s decisions and subsequently convinced Majnu to divorce Laila on 31st January, 2004. On 12th August, 2004, Laila gave birth to a girl and named her Cinderella. Majnu and Noor took forceful custody of Cinderella and denied Laila any access to her on the ground that Laila was mentally unstable. Various requests made by Laila to meet Cinderella fell on deaf ears. On 6th August, 2012, Laila made an application to the Authority under Section 3 of the Act, alleging that Majnu and Noor did not give equal treatment to Cinderella as she was always differentiated from her step sisters and was also forced to do all the household chores. The Authority accepted the application and passed an order placing Cinderella under the foster care of Mr. and Mrs. Kapoor who professed Hindu religion. Aggrieved by the above order, Majnu has filed a writ petition in the Supreme Court of Wonderland inter-alia on the following grounds i) The Act is unconstitutional as it violates the rule of natural justice embodied in Article 14 of the Constitution of Wonderland.
ii) The Act is unconstitutional as it contravenes the fundamental rights guaranteed under Articles 21 and 25 of the Constitution.
iii) The Act is void as it is repugnant to the act made by the Parliament with respect to adoption i.e. The Wonderland Adoption and Maintenance Act, 1956.
The Wonderland Adoption and Maintenance Act, 1956 provides that a Hindu father with the consent of the mother of the child can give the child for adoption and an adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family.
NOTE: The Constitution of Wonderland is in pari materia with the Constitution of India. Petitioners will argue on behalf of Majnu and Respondents will argue on behalf of the State of Nizami.
