Allahabad HC Pulls Up Child Welfare Committee For Casually Sending Minor To Government Children Home
The Allahabad High Court imposed ₹ 5 lakh costs on the Child Welfare Committee for sending the minor whose parents were eager to take her custody to the Government Children Home.
The Court noted that there was neither any application of judicial mind nor any reasoning assigned as to why the child was being sent to the Government Children Home (Women) in a casual manner.
The bench of Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra observed, “The most surprising and shocking part is the manner in which, the Nari Niketan/Child Welfare Committee, Kanpur Nagar has kept the minor child in Government Children Home (Women) which is a place where normally such type of children whose parents are eager to claim the custody of her child, are not kept as the father admittedly is capable of taking care of the minor daughter as he has custody for last many years.”
Advocate Sunil Srivastava appeared for the Petitioner.
Brief Facts-
During the interaction with the minor, she told the Court that she is about 15 years old and studying in Class 7. She mentioned that she has been in Nari Niketan/Child Welfare Committee, Kanpur Nagar for the last three months, causing her to miss her Class-7 examination and lose her academic year.
The Court noted that despite meeting with her mother, she consistently expressed her desire to stay with her father.
The father told the Court that she had stayed with him for many years, and despite being handicapped, he took care of her and her education, including paying her fees etc. The Court found that the same was not disputed by her mother.
The Court visualised that as the child was growing up, the mother now became interested in taking her custody. The Court further considered the conduct of the mother who had, on an earlier occasion taken custody of the minor girl, ignoring her education and involving her husband in a false case.
The Court stated that no one was present on behalf of the Committee despite specific direction issued to the Child Welfare Committee, Kanpur to send an authorised representative along with an affidavit as to how and in what manner the girl child has been sent to Nari Niketan/Child Welfare Committee (women).
The Court after considering the seriousness of the case about the manner in which the committee had conducted the life liberty of a minor girl, took a strong exception to the action taken by the committee.
In the meantime, the Court handed the custody of the child to the father who was present in the Court as it deemed it appropriate to allow the child as per her wish to stay with her father and continue her studies.
The Court listed the matter for further hearing.
Cause Title: Pooja Rajput Corpus v. State of U.P.
Appearance:
Adv. Sunil Srivastava