BABY OF NEESHA Vs. STATE OF U P

JUDGEMENT

(1.) IT is a case of abuse of an infant male child belonging to a poor rustic woman by the Superintendent of a Children (Home)/ orphanage by misusing the process of court and of the law. The poor woman, the mother, came for redressal of her grievances before this Court by filing a petition of Habeas Corpus to get back her newly born son.

(2.) FACTS The factual matrix of this case in brief is that Smt. Neesha is a poor lady whose husband is working as labourer in brick kilns in the State of Gujarat. When Smt. Neesha became pregnant of about seven months, her husband sent her to live with her mother Smt. Sujau Devi, a resident of Village Nau Ka Purwa, Police Station Asandra, District Barabanki. She got a Health Card (Annexure 1 to this petition) from Primary Health Centre (PHC), Siddhaur, District Barabanki. The delivery of child was expected in the month of May, 2012. However in the intervening night of 19/20th of May, 2012, when her mother and sister were gone on the agricultural field for irrigating of peppermint plants crop, she gave birth to a male child in her house. At that time, she was alone in the house. During the course of giving birth, she became unconscious due to labour pain. A lady of unsound mind Smt. Jagrana who used to live outside the house of her mother, in unconscious state of Smt. Neesha, took the child. Thereafter some resident of the village informed the police that somebody has left her baby with Smt. Jagrana. The police of Police Station Asandra took the custody of infant with the help of villagers. But later on the child was given to Smt. Neesha after intervention of village Pradhan and other villagers. The police also informed Child Help Line. In pursuance thereof the Superintendent, opposite party no.5 - Shriram Audyogik Anathalaya Sector -I, Aliganj, Lucknow, namely, Ms. Ruchi Tripathi came to the village and gave an application (Annexure -2 to this petition) to the police for taking custody of the infant. Sub -Inspector, Sri Satish Kumar Singh, P.S. Asandra, District Barabanki by a memo of handing over the child dated 21.05.2013(Annexure -3 to this petition) gave the infant to Ms.Ruchi Tripathi after taking the child back from Smt. Neesha. The thumb impression of Smt.Sujau (the grand Maternal mother(Nani) of the infant and mother of Smt. Neesha) was also obtained thereon. The aforesaid incident was published in a newspaper (Annexure -4 to this petition) under the heading of "Pagli Nikali Sayani" giving the details of the incident. Consequently, the Child Welfare Committee, Barabanki (hereinafter referred to as the 'CWC -Barabanki') constituted under Section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to the 'Act 2000') after exercising its jurisdiction within the territorial limits of District Barabanki, issued a notice for production of the child to Station Officer (for short"S.O.") of Police Station Asandra, District Barabanki along with his inquiry report about the child. The S.O. Concerned entrusted the matter to S.I. Satish Kumar Singh to inquire into the same and to submit report before C.W.C., Barabanki. Sub -Inspector Satish Kumar Singh submitted the inquiry report (Annexure -5 to this petition) before C.W.C., Barabanki indicating therein that after going through the news article "Pagli Nikali Sayani" dated 21st of May, 2012, he went on spot and took the child in custody from Smt.Sujau, the grand maternal mother (Nani) of the child and Village Pradhan, Rana Pratap Singh at Police Station after making an entry in general diary of police station at S.No.37 at 19.30 hours. After getting the information from Child Help Line, the Superintendent Ms.Ruchi Tripathi came to the Police Station and the so called unclaimed child was given her for his better future and to look after the child, however no reference of illness of child was mentioned in the report. It was mentioned in the report that Ms. Ruchi Tripathi was contacted by him on her mobile phone and asked for production of the child on 12.06.2012 but she expressed her inability to come and produce the child. A request has been made in his report by Sri S.K. Singh, Sub -Inspector with C.W.C., Barabanki to give some other date. He also requested to CWC Barabanki that the Superintendent Ms.Ruchi Tripathi be also informed for producing the child before the C.W.C., Barabanki. The report submitted by opposite party no.5 and a copy of Supurdginama along with two G.D. entries were placed along with report before C.W.C., Barabanki on 12.06.2012. Smt. Sujau also moved an application (Annexure 6 to this petition) before C.W.C., Barabanki claiming the child as a child of her daughter Smt.Neesha. On failure to produce the child by Superintendent of Opposite Party No.5 , the President of CWC -Barabanki informed to the Director, Women Welfare, Directorate of Women Welfare Uttar Pradesh vide letter dated 23.06.2012 (Annexure -7 to this petition). It was also informed therein that the biological parent of child are now known. The child was handed over in an unauthorised manner by the police of P.S. Asandra District Barabanki to superintendent of Opposite Party No.5 and now Ms. Ruchi Tripathi is not producing the child before C.W.C., Barabanki and necessary directions were sought. The C.W.C., Barabanki also issued a letter to Superintendent of Police, Barabanki to take notice of it and asked him to ensure the production of the child on 26.07.2012 before C.W.C., Barabanki. Police of Police Station Asandra by its report (Annexure -9 to this petition) informed C.W.C., Barabanki on 26.07.2012 that Ms. Ruchi Tripathi has informed that the child is seriously ill and it is not possible to take him to any other place. She gave a photostat copy of order of Child Welfare Committee, Lucknow (hereinafter referred to the 'C.W.C., Lucknow') to show that the child was produced on 25.05.2012 before CWC Lucknow and gave a letter that she has completed all formalities and she took the child in her custody so there is no occasion to produce the child before the C.W.C., Barabanki as the same has no jurisdiction in this matter. When on 26.07.2012, the child was not produced by Ms. Ruchi Tripathi, the C.W.C., Barabanki wrote letters (Annexure -10 to the petition) to the Director, Women Welfare, Uttar Pradesh on 18.08.2012 and 23.08.2012 informing all the events which happened with the child but unfortunately no action has been taken in the matter by Directorate. Thereafter, Smt. Neesha on 22.08.2012 approached the District Magistrate, Barabanki by moving an application (Annexure -11 to this petition) but she got no response.

(3.) IN compliance of the aforesaid order the C.W.C., Barabanki submitted its report with CDs of video recording of inquiry conducted. However Opposite Party No.5 filed the record. The record produced by Opposite Party No.5 and C.W.C., Barabanki with CD of conducted inquiry were form part of the record of this Court. After orders passed by this Court C.W.C., Lucknow also submitted its record. The record reveals that CWC - Lucknow has no office to conduct its business or to keep the record of proceedings. The original record of CWC Lucknow is prepared, maintained and kept by the Opposite Party No.5 which is also registered as adoptive agency. The record produced by Ms. Ruchi Tripathi contains the following documents also: -