The Bombay High Court recently expressed strong disapproval towards the Child Welfare Committee (CWC) of Maharashtra for attempting to put a child up for adoption while the child's biological father sought custody. The high court bench sternly directed the CWC to rectify its actions within 48 hours, warning of consequences if they fail to do so.
During the hearing of the case, the bench of Justices Revati Mohite-Dere and Gauri Godse questioned the CWC's approach, stating, "Tell us, if the mother has 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 the law?"
The matter involved a man who had eloped with a minor girl, and they later had a child. The girl's family filed a case against the man under the Protection of Children from Sexual Offences Act (POCSO), resulting in his arrest. When the girl reached adulthood, she abandoned the child and got married to someone else. The man, out on bail, sought custody of his child, but the CWC rejected his application and proceeded to put the child up for adoption.
The petitioner's counsel argued that the child was neither abandoned nor orphaned, making the CWC's decision to put the child up for adoption invalid. The court observed that adoption is only relevant when both parents abandon the child and questioned whether the child should go to the biological parent or a third party.
The CWC eventually handed the child to a foster couple, but after the court criticized their actions in an earlier hearing, the child was returned to the CWC, but not yet handed over to the father.
The high court scrutinized the CWC's conduct, highlighting their negligence, loss of documents, and lack of proper reasoning. The bench expressed concern over the emotional trauma the child might endure due to the authorities' actions.
As a response to the court's displeasure, the public prosecutor representing the CWC assured the bench that the improper order would be revoked, and an appropriate decision would be made on the father's plea within 48 hours.
The high court will review the case again on Friday, July 28, to ensure the CWC's compliance with its direction.
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