PAPPU BAWARIYA Vs. DISTRICT COLLECTOR CIVIL STATION

JUDGEMENT

(1.) The petitioners are natives of Rajasthan and had migrated to Delhi in search of livelihood. Compelled by impecunious circumstances and inclement weather, petitioners come down to Kerala for a few months every year and eke a living by selling pens, chains, bangles, rings etc. The 2nd petitioner is the wife of the 1st petitioner's brother. The 1st petitioner has a son by name Vikas Bavaria, aged 7 years and the 2nd petitioner, a son named Vishnu Bavaria, aged 6 years. The children accompany the elders for selling their wares on the streets. On 29/11/2022 the children were nabbed by the 4 th respondent alleging that they were being forced to do child labour by selling articles on the streets. The children were thereafter produced before the Child Welfare Committee/3rd respondent and sent to the 5th respondent's shelter at Palluruthy. The innocent children have been languishing in the shelter from that day onwards, away from the care and safety of their parents and the company of their siblings. This writ petition is filed seeking a direction to the respondents to release Vikas Bavaria and Vishnu Bavaria to the custody of the petitioners.

(2.) When the writ petition came up on 20/12/2022, learned Counsel for the petitioner submitted that the petitioners are apprehensive that the children would be send by the 3rd respondent to a Government Home in Delhi. Hence an interim order was passed, directing not to transfer the children to any place outside Kerala. When the matter was taken up again on 23/12/2022 it was submitted that the parents are not being allowed to interact with the children. Thereupon, this court passed an order directing the respondents to permit the petitioners to interact with the children for one hour every day. On 30/12/2022 the 3rd respondent was called up to file a statement explaining as to why custody of the children cannot be given to the petitioners. Accordingly, a statement has been filed today. As per the statement, while conducting a search operation on 29/11/2022, the police saw Vikas and Vishnu involved in selling pens and other articles in the Marine Drive area. As such activity amounted to child labour, the children were taken before the Child Welfare Committee. On finding that Vikas and Vishnu would come under the category of children in need of care and protection as stipulated in Sec. 2(14) (i)(ii) of the Juvenile Justice (Care and Protection of Children) Act 2015, the Committee ordered the children to be placed under the care and protection of the 5th respondent. Thereafter an inquiry was conducted, which revealed that the petitioners and the children are permanent residents of South Delhi and are presently residing in a single room dwelling in City Lodge in Iyyattu Junction in Ernakulam. It is also stated that, being of opinion that, for their benefit and holistic development, the children should live and grow in their own culture, the Committee passed an order on 23/12/2022 under Sec. 95 of the Act, to send the children to CWC, District South East, New Delhi for rehabilitation.

(3.) Heard learned Counsel for the petitioners and the learned Government Pleader.