The Bombay High Court lashed recently lashed out at the Child Welfare Committee (CWC) of Maharashtra for putting up a child for adoption even when the child’s father was seeking his custody. The High Court bench strictly ordered the CWC to correct its act of handedness within 48 hours or else the court would pass an order.
The Bench comprising Justices Revati Mohite-Dere and Gauri Godse said on Wednesday, “Tell us, if the mother had abandoned the child, then the biological father has no right? We don’t understand how CWC is conducting its cases. This is nothing but high-handedness by the CWC. Are they above law?”
The Bench stated while hearing the petition of a man who had eloped with a minor girl who was only 16 and later on, they had a child.
The man was arrested under the Protection of Children from Sexual Offences Act (POCSO) which was registered by the family of the girl.
On turning major, she abandoned the child and got married to any other man. The man got realized on bail and sought that he be given custody of his child. However, the CWC rejected his application and keep the child for adoption.
Advocate Ashish Dubey representing the petitioner, highlighted that the child was neither abandoned nor orphaned and so the CWC could not have put up the child for adoption. Justice Dere asked, “Adoption will come into the picture only when both parents have abandoned the child. Why do you want to give up the child for Adoption? Will the child go to the biological parent or a third party?”
The CWC had handed over the child to a foster couple. And when the court pulled up the CWC in the early hearings, it took back the child from the foster couple. However, it hadn’t handed over the child’s custody to his biological father.
The Court looked through the conduct of the CWC and told, “First you lose the papers when we pulled you up you find the papers and then revoke the order. The child is brought back from the custody of foster parents. Do you understand the trauma that the child will go through?”
The bench further directed the public prosecutor Prajakta Shinde to ask the CWC officials to be presented in the court if they thought their passed order was a righteous one. To which Shinde replied, “My lord, it is not proper. Will decide and hand over the child to its father in 48 hours.”
On Friday, the bench will hear the man’s petition to check whether the CWC has complied with the direction of the court or not. “Either in 48 hours you pass the order, or we will pass an order.” the bench further said in the matter of custody of the child.
Source: https://www.indiatoday.in/law/story/bombay-high-court-child-welfare-committee-48-hrs-child-custody-biological-father-2412243-2023-07-26?onetap=true