Child Welfare Committee Can't Make Complaint To Juvenile Justice Board If It Is Not Related To A 'Child In Need Of Care & Protection': Punjab & Haryana HC
The Punjab and Haryana High Court held that when a minor child does not fall within the scope of a ‘child in need of care and protection’, the Child Welfare Committee (CWC) does not have to make a complaint to the Juvenile Justice Board (Board) for ordering registration of an FIR.
The petitioner, a 10 year old minor child, had filed a complaint through his mother alleging that two of his uncles slapped him, threatened to kill him, and grabbed him by his neck intending to asphyxiate him during during an evening walk.
The petitioner had claimed that the police did not take any action on the complaint due to the political clout of the uncle since his brother was a President of the BJP in Karnal Circle.
The petitioner prayed before the High Court to intervene and direct the authorities to take action against the culprits claiming that the “petitioner is a child in need of care and protection within the meaning of Section 2(14) of the J.J. Act.”
A Single Bench of Justice Deepak Gupta observed, “various functions and responsibilities of the Child Welfare Committee are enumerated in Section 30 of the J.J. Act, which also include taking cognizance on receiving the children produced before it; conducting inquiry on all issues relating to and affecting the safety and well-being of the children under the J.J. Act. What is important to notice is that the Child Welfare Committee has to perform its functions with regard to the child, who falls within the scope of child in need of care and protection. As noticed above, petitioner does not fall in that scope.”
Advocate Abhishek Jindal represented the petitioner, while Addl. A.G. Randhir Singh appeared for the respondents.
The mother of the petitioner moved an application to the Child Welfare Committee (CWC). The Counselling report issued by CWC directed the police to conduct appropriate proceedings as per law. Despite the said order, no action was taken by the police.
Subsequently, the petitioner submitted an application to the CWC to pass appropriate orders under the Juvenile Justice (Care and Protection of Children) Act, 2015 [J.J. Act} to recommend the matter to the Juvenile Justice Board to register an FIR against the uncles. However, no action was taken by the CWC.
As per the police investigation, it was concluded that there was only an exchange of hot words between the two parties which subsequently led to the arrest of one of the uncles under Sections 107 and 151 Cr.P.C. The police submitted that the allegations of beatings were found to be false, so no action was deemed necessary.
The Court examined Section 2(14) of the J.J. Act which explains the definition of a “child in need of care and protection.” Stating that the child was living with his mother, the Court held that the petitioner did not fall within the clauses mentioned under Section 2(14) of the J.J. Act.
The Court held, “What is important to notice is that the Child Welfare Committee has to perform its functions with regard to the child, who falls within the scope of child in need of care and protection. As noticed above, petitioner does not fall in that scope.”
Accordingly, the High Court dismissed the petition.
Cause Title: XYZ v. State of Haryana & Ors. (2024:PHHC:013534)
Appearance:
Petitioner: Advocate Abhishek Jindal
Respondents: Addl. A.G. Randhir Singh, Advocates Robin Gill and Ajaivir Singh