NCPCR writes to Twitter, Facebook, Telegram over illegal adoption posts on COVID orphans

The National Commission for Protection of Child Rights (NCPCR) on Sunday directed the social media platforms to report the origin of posts that advertise the direct adoption of children who have lost their parents to COVID-19. There has been a growing concern for kids in the country who have been gravely affected by the devastating pandemic. Keeping in mind that persons in younger age brackets were affected by this deadly COVID-19 second wave, the number of young children with deceased parents was ever-increasing. 

In a letter to WhatsApp, Twitter, Facebook, and Telegram, the child rights body warned these social media platforms of strict action in case of non-compliance and adherence as the matter at hand is highly sensitive causing colossal damage to a kid's future.

Safety and security and protection of rights of children in the country and must be treated with utmost commitment and priority, NCPCR stated.

Viral posts calling for illegal adoption & financial aid for kids

This was pursuant to complaints received by the Child Rights body when accounts of people and pages posted advertisements giving children who lost their parents to COVID-19 for adoption. 

For instance, a post read-  “If anyone wishes to adopt a girl, please feel free to contact Priyanka (her number was mentioned in the post). One girl is 3 days old and another is 6 months old. They have lost their parents recently due to covid. Share as much as possible help them get a life (sic).”

Now, such a post and intentions behind it could be in good faith too, but many share such posts without checking material facts and such a frivolous approach can make kids vulnerable to child trafficking and illegal adoption.

Fearing the above, NCPCR has demanded the social media giants to submit the compliance/action taken report in the matter within 10 days. 

The Commission said in the letter, "It is noted that children who have lost both parents are children in need of care and protection under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the procedures as laid down under the Act has to be followed for placing these children in adoption with families willing to adopt. All or any such adoptions which happen without following the procedures of the Act are illegal and in violation of Sections 80, 81 of the Act. The Act under these provisions lays down strict punitive punishment for not following the procedure for adoption, as laid down under the Act."

It is informed that Section 32 of the Juvenile Justice Act, 2015 provides for mandatory reporting of all children who are found to be separated from the legal guardian.

Supreme Court's take

It is noted that presently, the Supreme Court while discussing the issue regarding children who have become orphans, has passed directions on the same on June 7. 

NCPCR vide letter dated June 3 highlighted the said order wherein the apex court stated that no adoption of affected children should be permitted contrary to the provisions of the Juvenile Justice Act, 2015 and directed the State governments/Union Territories to take action against those NGOs/individuals who are indulging in illegal adoptions. The social media giants have been asked by NCPCR to report accounts and pages where such posts are published to the law enforcement authorities and National or State Commission and "provide the details of the IP address, the origin of the post and other relevant details".

Because the matter at hand is serious, the Commission wrote in the letter, "In case of inaction or non-reporting of the same from your end, to the Commission or to the law enforcement authorities, the Commission will be compelled to take strict actions against your good offices."