P&H High Court Raps Child Welfare Authorities For Mishandling Minor's Custody; Orders Protection & Seeks Detailed Report

The Punjab & Haryana High Court rapped Haryana's Child Welfare Officers for acting in “complete deviation from the objectives” of the Juvenile Justice (Care and Protection of Children) Act, 2015, their actions exposed a 17-year-old girl to potential danger despite her being declared a child in need of care and protection.The habeas corpus plea earlier that month after which she was sent to protective custody, but the authorities subsequently handed her over to her uncle “without her consent”, prompting her to flee again.The Court directed the Senior Superintendent of Police, Chandigarh, to ensure protection to petitioner, who has now attained the age of 18 years, after she expressed continued threat to her life from her relatives and stated her desire to reside with a man, with whom she intends to solemnise marriage.Justice Vinod Bhardwaj said, “This Court records its strong dissatisfaction of the manner in which the Child Welfare Officers in the State of Haryana have discharged their duties.”It added that, their actions reflect a deviation from the objectives of the Juvenile Justice (Care and Protection of Children) Act, 2015 which mandates a sensitive and rationale assessment of child's safety and welfare. Instead of adhering to the spirit and intent of the Act, their good judgment has seemingly been clouded over by lack of rationality and proper application of mind.”The petition was initially filed seeking protection of the minor petitioner from her relatives and for directions restraining any coercive action against her. On 24.09.2025, the Court had noted that the petitioner—then a minor—was a child in need of care and protection under the Juvenile Justice (Care and Protection of Children) Act, 2015.Counsel for the petitioner submitted that after the death of her father, the petitioner was subjected to neglect and harassment by her mother, compelling her to seek help from Jaswant Singh, her next friend. Although she had earlier been rescued by the District Child Welfare Officer, Nuh, her custody was later handed over to her uncle without her consent, exposing her to further danger and leading her to flee once again on 22.09.2025.Taking note of these allegations, the Court had on 24.09.2025 ordered her lodging at Aashiana & Snehalaya for Girls Chandigarh, along with a direction to the State to file an affidavit detailing the mechanisms in place for ensuring the welfare and safety of children placed either in Children's Homes or with guardians. The Court had also sought data on children who ran away from such homes in the past five years.When the matter was taken up, the Court noted that the State had failed to file the report sought pursuant to the earlier order. Expressing its dissatisfaction, the Bench observed that the Child Welfare Officers in Haryana had acted in deviation of the objectives of the JJ Act, 2015, and had failed to conduct proper assessment, thereby exposing the petitioner to potential danger.The Court remarked that their conduct reflected “lack of rationality and proper application of mind,” and directed that a copy of the order be forwarded to the Additional Chief Secretary, Women and Child Welfare Department, Haryana, for appropriate action against the erring officials of the Child Welfare Committee.The petitioner, now an adult, was produced before the Court along with her parents. On a query, she reiterated her intention to reside with Jaswant Singh and stated that she still apprehends threat from her relatives. Recording her statement, the Court disposed of the petition with a direction to the SSP, Chandigarh, to issue instructions to the concerned SHO for ensuring her safety and security as long as she resides within the Union Territory.Taking serious note of the non-filing of the affidavit by the Director, Women and Child Development Department, Haryana, despite clear directions, the Court granted a final opportunity to comply, subject to payment of costs of ₹25,000 to DHFWS SKS User Fees CS Office, Panchkula.It is now listed for December 12, for necessary compliance. Mr. Karanveer Singh, Advocate, for the petitioner.Mr. Vivek Chauhan, Addl. A.G. Haryana.Mr. H.N. Sahu, Advocate, for respondent No.8.Mr. Abhinav Sood, Advocate, for U.T. Chandigarh and Mr. Arav Gupta, APP for U.T. Chandigarh.Title: X v. State of HaryanaClick here to read order

P&H High Court Raps Child Welfare Authorities For Mishandling Minor's Custody; Orders Protection & Seeks Detailed Report

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

P&H High Court Raps Child Welfare Authorities For Mishandling Minor's Custody; Orders Protection & Seeks Detailed Report

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers