What is illegal ‘adoption’, which landed Big Boss Kannada contestant Sonu Gowda in jail?

The adoption sparked widespread discussion about the intricate process behind it and the responsibilities that come with it.

ByChetana Belagere

Published Mar 26, 2024 | 8:00 AMUpdatedMar 26, 2024 | 5:21 PM

File photo of Sonu Gowda.

In what started out as a seemingly innocent act of compassion, Sonu Srinivas Gowda — known for her stint on the Kannada edition of Bigg Boss OTT and as a sensation on short-form-video platforms — recently found herself in a whirlwind of legal trouble that culminated in her ending up in 14 days of judicial custody.

The Byadarahalli police in Bengaluru, in coordination with Child Welfare Committee officials, apprehended Gowda on charges of illegally adopting an eight-year-old girl.

The adoption sparked widespread discussion about the intricate process behind it and the responsibilities that come with it.

“Gowda has been sent to judicial custody till the 8 April. She will be sent to Parappana Agrahara prisons in Bengaluru,” confirmed a senior official from the Byadarahalli Police Station.

Also Read: Adoption scandal that rocked Kerala 2 years ago is back to haunt CPI(M)

Why did Sonu Gowda get into trouble?

Sonu Gowda with the child

Sonu Gowda with the child. (Supplied)

The controversy began with a simple video posted on social media, where she introduced an eight-year-old girl from North Karnataka’s Raichur district’s Kachapura village as her adopted daughter.

She would clarify that she adopted this girl after obtaining the permission of the child’s parents.

She claimed her actions were intended to share a moment of joy, but they quickly spiralled into accusations of child rights abuse over non-adherence to the stringent adoption procedures in India.

The CWC officials argued that Gowda sought to enhance her public image and earn money on social media channels through this adoption, neglecting the legal and ethical frameworks established to protect children and their families.

The case against her mentioned several breaches, including failure to follow the adoption process outlined by the Central Adoption Resource Authority (CARA) and the revelation of the child’s identity, contravening the child’s right to privacy.

After the videos of Gowda with the child went viral, a CWC official named Geetha complained about the Reels on her social media account.

On 21 March, a case was registered at the Byadarahalli Police Station and a notice was sent to Gowda alleging the deprivation of the rights of children.

However, Gowda reportedly did not respond to the notice. She was then taken into police custody for four days where she was interrogated.

CWC officer Geetha told reporters that Sonu Gowda’s adoption of the child and publicising it on social media was in contravention of the formal procedures mandated by CARA.

“The child’s and her biological family’s identities were inappropriately disclosed online. Furthermore, Gowda didn’t even initiate the formal adoption application process. Adopting a child involves a series of stringent checks to ensure the prospective guardian’s suitability,” she explained.

Geetha also pointed out that Gowda, being unmarried, failed to meet the requirement of having a minimum of 25-year age difference with the adoptee.

Gowda’s admission of providing some money to the child’s family also raised concerns about the potential transactional nature of the adoption.

“This situation warrants a thorough investigation to determine if the child was essentially ‘sold’. Such actions not only violate ethical norms but also contravene laws outlined in the Juvenile Delinquency Act and the Juvenile Justice (Care and Protection of Children) Act,” Geeta told reporters after the arrest of Sonu Gowda.

Also Read: Bengaluru cops bust baby-selling racket; gang’s modus operandi surfaces

More details

A senior official from the Byatarayanapura police told South First that Sonu Gowda claimed ignorance of the rules and had wanted to help the child get an education.

She is said to have informed the police that she met the child’s family when they were working as labourers next to her residence.

The child used to regularly interact with Gowda before the family went back to their hometown in Raichur.

Gowda said she decided to meet the family and convince them to let her adopt the eight-year-old to help with her education. She apparently managed to do it, and the parents let the child go with Sonu.

Meanwhile, relatives of the child told reporters that Gowda did not pay them any money or provide any financial help.

They have alleged that, instead, the influencer told them that she would educate the child and take good care of her.

“We didn’t know that she would be using our daughter for the cameras or any Reels,” the girl’s uncle told reporters.

Also Read: Garment-factory worker rose to head racket that illegally sold 250 babies

The adoption laws

Department of Women and Child Welfare (Raichur district) Deputy Director MN Chetan Kumar told South First, “The adoption process under the CARA in India is quite structured and involves several steps to ensure the welfare of the children as well as the suitability of prospective adoptive parents (PAPs).”

Explaining the process, he said anyone who wished to adopt a child had to meet certain eligibility criteria.

First of all, they would have to register online through the Child Adoption Resource Information and Guidance System (CARINGS), providing details such as personal information, residential status, income, health, marital status, and preferences for the child they wished to adopt — like age, gender, and state of origin.

Then, officials from the Specialised Adoption Agency (SAA) would assess the eligibility of the PAPs by visiting their homes. They would look into their living environment, financial stability, health, and overall readiness to adopt a child.

Once this was cleared, PAPs would receive a referral for a child based on their preferences and seniority in the system. PAPs would have to reserve the referred child within 48 hours of receiving the referral.

The matching process would include meetings with the child, assessments by an adoption committee, and a detailed examination of the prospective adoptive parents’ documents.

The child would then be taken into pre-adoption foster care by the PAPs soon after matching, allowing for a transition period before the legal adoption is finalised.

The SAA would then apply for the adoption order with a district magistrate, including all necessary documentation in the application. The district magistrate would conduct the adoption proceedings and issue the adoption order, finalising the legal adoption process.

After receiving the adoption order, the SAA would assist the PAPs in obtaining the birth certificate for the child, naming the adoptive parents as the legal parents.

“With so many applications in place for adoption, how can this celebrity just bring in a child, announce that she adopted the child, and use this kid for personal publicity by making reels with her? This is an offence. She has been sent to judicial custody,” said the Byadarahalli police officer.

The official explained that in such situations it was considered an offence punishable by law even if the accused expressed ignorance of the laws.

He warned people to be aware of such rules before blindly making Reels or any short-format videos for publicity on social media.

Also Read: Karnataka artist couple die by suicide after adopted daughter goes missing

Other cases around the world

The world has, since the evolution of influencer culture, seen quite a few cases of “momfluencers” being targeted for their actions.

For example, US-based YouTuber Myka Stauffer came in for a lot of flak after admitting in a video on her channel on the platform in May 2020 that the special-needs child she had adopted a few years ago had been — to use a term from several headlines from the time — “rehomed”.

However, that was not before Myka used the child in several videos on YouTube and Instagram. Some of them were also sponsored videos, meaning the child was in advertisements.

Many on social media were livid that she used the child to earn money before giving him away, and that she was still earning from the monetised content of the child after that.

That Myka and her husband already had three children of their own before adopting this special-needs kid only solidified public opinion against her. Allegations surfaced that she adopted the child only to make money off him and his content.

The outrage took the form of — among other things — a Change.org campaign to get Myka and her team to take down all content related to the child from her social media handles.

That campaign was deemed a success, with the person who started it noting in an update that Myka had removed all pictures of the baby “and set all videos of his adoption on her YouTube channel to private and will no longer generate revenue”.

It added: “She has lost several sponsorships as well.”

The update also said investigations were “officially underway with local authorities to ensure” that the child was “placed somewhere safely”.

(Edited by Arkadev Ghoshal)