SELVI MICHEL Vs. CHILD WELFARE COMMITTEE

JUDGEMENT

(1.) In this Revision Petition instituted under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the Act for short), the challenge is against an order passed by the Child Welfare Committee (CWC for short) Thiruvananthapuram, dated 21.12.2018, admitting the minor child, 'Anna Sandra Michel' to the SOS Model Home, Mudavanmugal, Thiruvananthapuram, until further orders.

(2.) The petitioner claims to be the mother of the child, who is now admitted in the SOS Model Home through the impugned order. It is stated in the Revision Petition that, the child was brought up by the Revision Petitioner and her husband as their own child and the child is admitted to the Holy Angels' Convent School, Thiruvananthapuram, who is presently studying in UKG. It is stated that, the child had disclosed to her class teacher about the factum of sexual harassment met out from a boy named Vishnu, aged 15 years. The school authorities had intimated this to the police authorities. The Revision Petitioner was not aware about all these developments. But the child was taken custody by the police and produced before the CWC, who in turn passed the impugned order. It is alleged that the CWC has not conducted any enquiry before passing such an order. It is also contended that, the order was passed without hearing the Revision Petitioner. The Revision Petitioner is also raising grounds alleging violation of various provisions of the Act, especially Sec. 36 and Rule 19(5) of the Model Rules.

(3.) Heard; counsel for the Revision Petitioner and the learned Government Pleader appearing for the respondent.