In a significant ruling, the Allahabad High Court imposed a fine of Rs. 5 lakhs on the Nari Niketan/Child Welfare Committee, Kanpur Nagar, for what it deemed a ‘disturbing’ decision to relocate a 15-year-old girl, who was residing with her mother, to a children’s home.
The court stipulated that the sum should be handed over to the girl’s father to support the upbringing of her child.
A panel comprising Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra characterized the committee’s actions as ‘disturbing’ and ‘unexpected’. It ordered that if the committee fails to pay the fine, the Commissioner of Police, Kanpur Nagar, will ensure the Chairman of the CWC attends the next hearing.
This decision came in response to a habeas corpus petition filed by the minor girl’s mother, who sought the production of her daughter, placed in a Children’s Home on the directives of the CWC, Kanpur Nagar.
According to the petitioner, her daughter, approximately 15 years old, was living with her. However, her husband (petitioner No.2) filed an FIR alleging that their daughter had been abducted by two individuals.
Subsequent investigation into the FIR revealed that no abduction had taken place; rather, the girl was in the custody of her mother/petitioner No.2. Consequently, the Ilaka Magistrate recommended legal action under Section 182 IPC against petitioner No.1’s husband.
Later, statements of the minor girl under Sections 161 and 164 CrPC were recorded, following which the Child Welfare Committee, Kanpur, decided to place her in Nari Niketan (Government Children’s Home).
During a hearing earlier this month, the Court sought clarification on the circumstances surrounding the Committee’s decision. It summoned the authorized representative of the Committee to appear before it, along with the girl, on April 22.
As per the court’s directive, the minor girl was presented before it, revealing that she was about 15 years old and studying in Class 7. However, she had been lodged in Nari Niketan/CWC, Kanpur Nagar, for the past three months, missing her Class 7 examinations and losing an academic year.
Despite meeting her mother, the girl consistently expressed her desire to stay with her father, a stance noted by the Court.
Nevertheless, the Court expressed dismay at the Committee’s decision to place the minor child in a Government Children’s Home for Women, stating:
“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.”
The Court observed that despite issuing a specific directive during the last hearing for the Child Welfare Committee (CWC) to send a representative with an affidavit explaining the circumstances leading to the girl’s placement in the children’s home, no one from the Committee appeared in court as directed.
Given the gravity of the situation and the Committee’s handling of the minor girl’s life and freedom, the Court expressed strong disapproval of their actions and imposed a fine of Rs. 5 lakhs on the CWC.
Additionally, setting the next hearing for May 23, the Court ordered that custody of the minor girl be transferred to her father, deeming it appropriate for her to reside with him and continue her education.
The Station House Officer (SHO) in the locality where the father resides has been instructed to ensure the safety and well-being of the minor girl and her father, preventing any inconvenience or harm. However, the Court left open the possibility for the girl’s mother to pursue custody through legal means by filing a petition in the appropriate court.