BRINDA KAFAT Vs. STATE

JUDGEMENT

(1.) With the passing of this order, we hope, a nightmarish chapter in the young life of Ameena will, hopefully, come to a satisfactory end.

(2.) Ameena who is a minor and is approximately 12 or 13 years old is at present lodged in the Children's Home for Girls at Delhi. She had earlier been allegedly married to an Arab Sheikh which marriage has since been dissolved. Vide order dated 5th September, 1991 the Additional Chief Metropolitan Magistrate, Delhi declined to give custody of Ameena Begum to her parents and passed an order directing her to be kept in the Children's Home at Delhi. This order was upheld by this Court in the case of Amrita Ahluwalia v. Union of India, C.W. 2758 of 1991 decided on 12th December, 1991. The Court, however, came to the conclusion that Ameena was a neglected Juvenile and the question of her custody should be decided by the Board which is constituted under the Juvenile Justice Act, 1986.

(3.) Pursuant to the aforegaid directions, the Juvenile Welfare Board gave their decision dated 4th March, 1992 in which they have, inter alia, come to the following conclusion : "The Board is of the opinioh that the child should not be kept in Children Home, Delhi for long as the parents being poor cannot meet the child as and when they desire. The Board also thinks that the child should not be given back to the parents as she may be exploited again. They are poor and have eight children who are entirely dependent on the father's earnings who is a rickshaw-puller. Hence the Board feels she should not be restored to the parents. Again some applications have been received from social organisations and individuals for the custody of the child. The Board thinks that the child may not be handed over to them since she will be away from her parents which she does not desire. After due consideration and discussion the Board has come to the final conclusion that in the best interest of juvenile & justice she is committed to Children Home for Girls, Delhi for a period of three years. The Board further feels that in view of the desire and interest of the child to remain in contact with her parents and secondly, in the light of the affidavit filed by the A.P. Govt., she be transferred to Service Home under the Department of Women's Development and Child Welfare run by the State Govt."