High Court Directs State To Provide Security, Education To Two Assam Girls Sexually Exploited In Kerala

The Kerala High Court on Monday ordered the State government to ensure the safety and education of two minor girls from Assam who had migrated to the State with their parents, but were unfortunately subjected to sexual abuse.

Citing safety concerns, the Child Welfare Committee had refused to release the girls to their parents, who are daily wage labourers in Kerala, and had directed that the girls be sent back to their native place. However, expressing his disagreement with this measure, Justice V G Arun said,

"State and its instrumentalities cannot abdicate their responsibility of protecting the children from the perpetrators of the heinous crime committed on them."

The bench was unconvinced with CWC's reasoning that the girls will be left alone and vulnerable at home when their parents go to work. It reminded the State of its obligation under Article 39(f) of the Constitution to ensure that our children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

The Court also noted that the girls, aged 12 and 14, were not provided even basic education for the past seven months, due to language barrier. It thus ordered the Director, Women and Child Development Department, to hold deliberations with the officials concerned to find out ways and means for providing free education to the children.

The interim order comes in a petition moved by the victims' "hapless" parents, pleading to release the children to their custody..

On a tiff with their mother, the minor daughters had left the security of their home and were sexually abused by some perpetrators. The crimes were registered, the minor children were produced before the CWC and were later lodged in a Government Children's Home. Subsequently, CWC decided to transfer the girls to a Children's Home in Assam.

The Court observed that if the CWC decision is allowed to stand, two innocent children will be transferred to a distant land, far away from their parents. Even as per the report of DCPO, none of their relatives in Assam have offered to support to the children.

It pointed that as per Section 37(1) (b), the CWC can restore the child to the parents or guardian or family with or without the supervision of the Child Welfare Officer or designated social worker.

Insofar as transfer of children to an institution outside the state is concerned, the Court said that it is permissible under Section 96(2) of the Juvenile Justice (Care and Protection) of Children Act 2015, but such transfer can be ordered only by the State Government, that too, after consultation with the Government of the State to which the children are transferred. In this present case, no such procedure was adopted.

The Court thereby passed an interim order directing the release of children to the custody of the parents and directed the Station House Officer to provide sufficient security to ensure that no harm is caused to the children or the family members.

It has also suo motu impleaded the State Police Chief as an additional respondent in the case, in light of the apprehension expressed by CWC and DCPO regarding the safety of the Children.

The matter has been posted for 1st November. 

Case Title: XXXXX v. Child Welfare Committee and connected matter 

Click Here To Read/Download The Order