HC cancels child rights commission’s decision not to return child to foster mother
Kochi: The high court cancelled the decision of the Commission for Protection of Child Rights to separate the child from its foster mother, after the child underwent an assault by a 14-year-old boy at home.
As the incident of assault came to lime light, the commission had taken the child into its custody for protection and didn’t return the child to its foster mother. The child was separated after five years since the woman took up her responsibilities.
The child was living with her foster mother when she was assualted by a 14-year-old boy at her residence. Following that, the child rights commission took the child into custody for protection. Later, when commission learnt that the child was an adopted girl, it didn’t return the child to its foster mother. Following this, the high court interfered in the matter based on the petition filed by the mother.
The incident of assault came to lime light when the child revealed the matter at her school. School authorities informed the matter to child line and based on which police registered a case. The child who was produced before the child welfare commission was shifted to Balasadhanam. Later, the commission didn’t agree to return the child to its guardian mother alleging that the child was adopted illegally. Challenging this action, the foster mother moved high court. A case was filed against the woman for attempting to see the child.
The commission argued at HC that the foster mother adopted the child illegally. However, the lawyer of the complainant informed the court that the actions to legalize the adoption is progressing.
The high court cancelled the action of commission observing that there are no complaints like injuring the child, exploitation or misuse against the woman. The court also pointed out that the commission violated the guideline that the decision to send the child under someone’s custody should be taken only after hearing the statements of the child and relatives.