Allahabad HC Imposes ₹5 Lakh Cost On 'CWC' For Sending Minor Girl Residing With Mother To Children's Home

A bench of Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra, while deeming the committee's actions as 'shocking' and 'surprising', directed that if the committee does not pay the cost, the Commissioner of Police, Kanpur Nagar will ensure that the Chairman of the CWC remains present in the Court on the next hearing.

The division bench passed this order on a habeas corpus plea moved by the minor girl's mother seeking the production of her daughter, who was sent to the Children's Home at the instance of the CWC, Kanpur Nagar.

Essentially, the petitioner's mother, in her plea, claimed that the minor girl, around 15 years old, was residing with her. However, her father (petitioner No.2's husband) lodged an FIR alleging that her daughter had been enticed away by two persons.

A probe in the said FIR revealed no one enticed the girl away. Rather, she was in the custody of her mother/petitioner No.2. Therefore, the Ilaka Magistrate submitted a report recommending proceedings under Section 182 IPC against the father of petitioner No.1.

Later, the minor girl's statements under Sections 161 and 164 CrPC were recorded, and thereafter, the Child Welfare Committee, Kanpur, directed the girl to be kept in Nari Niketan (Government Children Home).

Hearing the matter earlier this month, the Court sought to determine under what circumstances the Child Welfare Committee Kanpur had passed such an order sending the girl to the Nari Niketan.

The court summoned the authorised representative of the Child Welfare Committee to appear before the Court. The girl was also ordered to be produced before the court on April 22.

Pursuant to the court's order, the minor girl was produced before the court, stating that she was about 15 years old and studying in Class 7. However, for the last three months, she has been lodged in Nari Niketan/CWC, Kanpur Nagar, and she could not appear in the Class-7 examination and has lost her academic year.

The Court noted that her consistent stand, even after meeting with her mother, was that she wanted to stay with her father.

However, the Court expressed its shock at the decision of the CWC to place the minor child in a Government Children's Home (Women) by observing thus:

“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 further noted that though, on the last date, a specific direction was issued to the CWC to send an authorised representative along with an affidavit as to how and in what manner the girl child had been sent to the children's home, no one came to the Court on behalf of the Committee despite the specific direction.

Considering the seriousness of the case and the manner in which the committee had conducted the life liberty of a minor girl, the Court while taking strong exception to the action taken by the committee, imposed a cost of Rs. 5 lahks on the CWC.

Further, posting the matter for further hearing on May 23, the Court directed that the custody of the minor girl be handed over to the father as the Court deemed it appropriate to allow the child to stay with her father and continue her studies.

The SHO concerned with the local area where the father resides has been directed to ensure no inconvenience or harm is caused to the minor child or the father. However, the Court left it open for the girl's mother to get her custody per the law by filing a petition before the competent Court of Law.

Case title – Pooja Rajput Corpus And Another vs. State Of Up And 4 Others 2024 LiveLaw (AB) 259

Case Citation: 2024 LiveLaw (AB) 259

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