Karnataka High Court Allows Abandoned Child To Continue With Caregivers Who Raised Him For 10 Yrs
The Karnataka High Court has asked the Central Adoption Resource Authority to consider the plea of a married couple in their 50s seeking adoption of a child they took in 10 years ago after he was found abandoned in a Mutt, pursuant to inquiry by the Child Welfare Committee under the relevant rules.
Justice DK Singh in his order noted that Rule 18 and 19 of the Juvenile justice (care and protection of children) Model Rules states that the Child Welfare Committee (CWC) has been given a responsibility to conduct an inquiry in relation to children who are in need of care and protection.
The court noted that the child in question was abandoned at Gavi Siddheshwara Swami Mutt after 3 days from his birth, and the Swamiji of the Mutt had given the child into the custody of the petitioners on 10.06.2016. It noted that the child had grown up in the custody, care and protection of the petitioners and presently he is 9.5 years old and studying in a good school in 4th Standard. It said:
"This Court, therefore, is of the opinion that the paramount interest of the child's welfare, care and protection would be secured in the hands of the petitioners who have been looking after the child as their own child. May be for procedural and legal oversight, they could not reach the Committee as mandated under Rule 18 and 19 of the Model Rules, 2016. In view of the aforesaid, we direct the petitioners to produce the child before the CWC in Bengaluru on 10.03.2026.
On 10.03.2026, the committee shall proceed with the inquiry as provided under Rule 19 to see whether the interest and welfare of the child is secured in the custody of the petitioners or not. The petitioners' application for adoption of the child should also be processed soon after the CWC completes its inquiry, and if the petitioners are found eligible to adopt the child, the child should be given to them in adoption. The Central Adoption Resource Authority, Bengaluru is required to process the application of the petitioners expeditiously once the CWC completes its inquiry"
The court further clarified that during the CWC's inquiry the child shall remain in the custody of the petitioners.
The petitioner–a married couple aged around 51 and 54 years of age, and who are devotees of Sri Gavisiddeshwara Swami Mutt, had found a 3-day-old child at the mutt in 2016.
On advice of the Mutt's Swamiji, the petitioners took the child in their custody and have been taking care of him ever since. They had also admitted the child to pre-school. The Child Welfare Committee (CWC), issued notice on 20.07.2017, summoning the husband to appear before the committee regarding the legality or otherwise of the custody of the child. The petitioners appeared before the committee as directed.
Thereafter, the committee did not proceed in any manner in the matter. Subsequently, on 06.02.2020, the CWC issued a paper publication stating that a complaint had been registered before the CWC that the child was found to be in illegal custody of the petitioners for last three years. It was also stated in the notice published in the newspaper that anyone claiming to be the child's parents or heir, knowing the details of the child's parents, should contact the chairman of the CWC with necessary documents.
During this time, the petitioners had moved an application on 06.08.2021 seeking Foster Care of the child in accordance with the Model Guidelines for Foster Care 2016. The child was thereafter given in the custody of the CWC. When the petitioners requested to return the child to their custody, they did not get a favourable response from the committee. The petitioners thus approached the high court.
On 08.10.2021 the court had directed the CWC to hand over the custody of the child to the petitioners. However, the CWC was granted visitation rights for the purpose of supervision of the child.
In compliance of the order dated 08.10.2021, the custody of the child was handed over to the petitioners and since then the child is in the custody of the petitioners. The child is now around 9.5 years old and is studying in 4th standard.
The counsel for the petitioners submitted that since the notice in the newspaper issued by CWC in 2020 nobody had come forward claiming to be the parents and whereabouts of the child's parents were not known till date.
The petitioners contended that they do not have any surviving biological child of their own and they want to adopt the child given to them by Gavisiddeshwara Swami Mutt on 10.06.2016 and the child has been in their custody, care and protection. They said that they are ensuring the welfare of the child to the best possible manner and every need of the child is being met by them.
It was contended that plucking the child away from the petitioners would not only be against the paramount interest and welfare of the child, but also inhuman. It was contended that the petitioners' application pending before the Central Adoption Resource Authority be considered expeditiously for completing the legal formalities to adopt the child.
The Counsel for CWC said that the petitioners did not produce the child before the committee and in fact a complaint was made to the committee that the petitioners were in illegal custody of the child. Thereafter, the committee had issued the notice and also made paper publication as stated above. He said that the petitioners be directed to produce the child before the committee as and when the committee requires and allow the committee to conduct an inquiry as mandated under the Model Rules and thereafter, take necessary decision in this respect.
The court disposed of the plea.
Case title: X & Anr. v/s CHILD WELFARE COMMITTEE
WRIT PETITION NO. 18481 OF 2021