UTTAM GAYEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petition has been filed by self-proclaimed veteran social workers. The petitioner no.1 is the present General Secretary of a civil society organization, namely, Paschim Banga Khet Mazdoor Samity and the petitioner no.2, an active worker of the Shramajivi Mahila Samity. The case made out by the petitioners is that in the year 2016, the petitioner no. 2 was working with several self-help groups in various places within the District of Bankura. In course of such activities, it is alleged, the private respondent no.8, the biological mother of a minor girl, approached the petitioner no.2 to resolve the domestic disputes with her husband, in which the petitioner no.2 assisted the biological mother, which resulted in a relationship of trust developing between the petitioner no.2 and the respondent no.8 (biological mother). It is also alleged that with the help of the petitioner no.2, the domestic disputes of the respondent no.8 were mostly resolved and on February 5, 2017 respondent no.8, namely, Priya Pramanick, gave birth to a triplet, all girls.

(2.) According to the writ petitioners, the biological parents of the three children were ostracized by the parents of the biological father and the family got into a financially difficult situation. One of the triplets died while a couple of months old, apparently from malnutrition and a minor disease. One of the two other surviving children was also extremely sick and the private respondents did not have the financial means to treat the child. When the private respondents approached the petitioners, asking the latter to take the child in adoption, initially the petitioners refused the offer, but assured the private respondents of possible assistance for treatment of the child.

(3.) Some time in July, 2017, the petitioners visited the private respondents at their residence and found the child-in-question, namely Brishti alias Suparna, to be severely malnourished and suffering from a severe ailment, facing imminent death, according to the petitioners. Immediately, the child was brought to the residence of the petitioners at Badu, Madhyamgram, accompanied by two friends Gautam Debnath and Archana Sardar, when she was six months old. The petitioners allege that the private respondents themselves insisted the petitioners to do so when she was handed over to the petitioners on August 12, 2017.