SELVI MICHEL Vs. CHILD WELFARE COMMITTEE

JUDGEMENT

(1.) The revision petitioner is the mother of the victim child, aged 5 years, who was ordered by the respondent to be kept in the SOS Model Home, Mudavanmugal, Thiruvananthapuram as per the impugned order dated 21.12.2018 in CWC/TVPM/858/18. Date of birth of the child is 05.03.2014. Without following the procedures provided in Juvenile Justice (Care and Protection of Children) Act and Rules, the impugned order was issued keeping the custody of the child in SOS Model Home, Mudavanmugal, Thiruvananthapuram. There is gross violation of the procedures contemplated in Sections 31(2) and 36 of the J.J.Act and Rule 18 and 19 of the Rules. The interest and welfare of the child was never taken into consideration by the Committee. As the child is now studying at UKG Standard in Holy Angles' Convent School, impugned order adversely affects her studies. Now the child is not taken to school after 21.12.2018. Process for admission into 1st standard already commenced. Due to the custody of child, her studies affected. Hence, this revision petition has been filed.

(2.) The revision petition is the mother of the victim child, aged 5 years, who was ordered by the respondent to be a child in need of care and protection and further directed to be kept in the SOS Model Home, Mudavanmugal, Thiruvananthapuram. The husband of the petitioner, Paskan Michel is employed abroad in Saudi Arabia for years. Both of them are childless couples who underwent several medical treatments. At last, when the revision petitioner went for medical treatment for her illness in a nearby hospital, St. Francis Hospital, Airport, Sankumugam, an unknown lady, after delivery of a girl child, abandoned her. Nobody came forward to protect and to take care of the child. At that time, the revision petitioner came across the child and witnessing the sad plight of the new born child, the revision petitioner after consulting with her husband took care of the child and took her to her home. Both revision petitioner and her husband treated and cared the child as their own. In the birth certificate issued by the Thiruvananthapuram Corporation, the petitioner and her husband were shown as parents. In the Aadhar Card also, the petitioner and her husband were shown as parents. The child was given all the medical treatment and all immunity vaccinations to be given to the new born child. The child was given best pre-school nursery education. Then the child was admitted in Holy Angels' Convent School, Thiruvananthapuram. She is presently studying at UKG.

(3.) The petitioner is residing in a three storied residential building. She has rented out second floor to a tenant. One Vishnu, aged 15, who is the son of the tenant, enticed the child of the petitioner and sexually abused and molested her in a secret manner. The child disclosed this factum of sexual harrassment to her class teacher. The school authorities intimated this to the respondent and police. In this respect, Valiyathura police registered Crime No.2175/2018 against the above said Vishnu alleging commission of offences punishable under the Indian Penal Code and Protection of Children from Sexual Offences Act. But the respondent, immediately on the production of child before it, passed the order No.CWC/TVPM/858/18 dated 21.12.2018 keeping the child in SOS Model Home, Mudavanmugal, Thiruvananthapuram until further orders in gross violation of the provisions contained in the J.J.Act. The said order was issued without considering the paramount interest and welfare of the child. The petitioner challenged the said order before this Court in R.P.(JJ) No.1/2019 and this Court disposed of revision petition permitting the petitioner to approach the respondent seeking temporary custody of the minor child, pending conduct of the enquiry contemplated under Sec.36 of the J.J.Act and further directing the respondent to consider and dispose such application through a speaking order after affording an opportunity of hearing to the petitioner, at the earliest, within a period of five days from the date of receipt of a copy of such petition.