Child Welfare Committee Orders, Except Those Related To Foster Care, Appealable Before Children's Court: Allahabad HC

A criminal revision challenging the orders passed by the Child Welfare Committee related to a case crime under various sections, including IPC and POCSO Act was filed. The revisionist was challenging the order of placing the victim girl in a government protection home and the rejection of her mother's application for custody.

A bench of Justice Jyotsna Sharma held, “In the instant case, the Child Welfare Committee refused to release the victim-girl in care and custody of her mother for reasons which have been elaborately dealt with in the impugned order dated 23.08.2023. The learned appellate court instead of deciding the matter on merits, declined to exercise its powers on patently wrong assumptions. It is difficult to understand how such a view has been taken by the appellate court that it had no jurisdiction to hear the challenge to an order of this nature passed by the Child Welfare Committee, in appeal. As is quite obvious, an appeal shall lie to children court against all the orders passed by the Child Welfare Committee except where order has been passed relating to foster care or sponsorship foster care.”

The victim's father filed an FIR alleging that his daughter was sold off, leading to the registration of case.

The Child Welfare Committee initially placed the victim in a juvenile home, considering the circumstances. The victim, through an application, expressed her desire to stay with her mother, but the committee rejected the request. The revisionist challenged this decision through Criminal Appeal which was dismissed by an appellate court, citing lack of jurisdiction.

Advocate Jitendra Singh appeared for the Revisionist and Advocate Vikesh Kumar Tiwari appeared for the Opposite party.

The revisionist argued that the appellate court misinterpreted Section 27(10) of the Juvenile Justice Act, 2015, which empowers the District Magistrate to address grievances arising from the Committee's functioning but doesn't deal with legal challenges.

The Court, referencing a previous judgment Girish Kumar vs. State of U.P., emphasized that appeals against Child Welfare Committee orders, excluding those related to foster care or sponsorship after care, should be directed to the Children's Court.

The Court set aside the appellate court's order, remanding the matter for a fresh decision according to law. The appellate court was directed to expedite the process of deciding the appeal.

Cause Title: Soni Saxena v. State of U.P. & Ors., [2024:AHC:15676]

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