Calcutta High Court Intervenes in Custody Case, Demands Answers from Child Welfare Committee
The Calcutta High Court has issued a stern directive, ordering the immediate return of a newborn boy to his biological parents while sharply questioning the actions of the Child Welfare Committee (CWC). The court demanded to know how the CWC could place the infant in a pre-adoption foster home after police investigations had ruled out the parents as culprits and a DNA report conclusively confirmed their biological relationship.
A Timeline of Events Leading to the Legal Battle
The child was born to a couple from Maniktala, Kolkata, on March 23, 2024. In a distressing turn of events, the very next day, the newborn was discovered abandoned in a gutter by local residents, who promptly took him to the nearest police station. Meanwhile, the biological parents arrived at RG Kar Medical College and Hospital, but their details were not officially recorded, and the baby was erroneously marked as 'unknown'.
Following the filing of a First Information Report (FIR), the child was handed over to the CWC for care and protection. The parents, devastated by the separation, launched a relentless effort to reclaim their son. They initially approached the High Court in 2024, which then directed the CWC to verify the parents' identity. Undeterred by bureaucratic delays, they later petitioned the single bench of Justice Krishna Rao, seeking immediate custody of their child.
Legal Arguments and Judicial Scrutiny
Representing the parents, advocate Moyukh Mukherjee presented a compelling case before the court. He argued that despite the submission of a DNA report which irrefutably confirmed the couple as the biological parents, the CWC had persistently refused to return the child. The probe report indicated that the grandmother had harmed the infant, but Justice Rao noted that the grandmother had since passed away, which would have otherwise led to prosecution.
In a strongly worded observation, Justice Rao remarked, "The grandmother died, or she would be prosecuted … They are not fit to continue as the committee chairperson." This statement underscores the court's dissatisfaction with the CWC's handling of the case, suggesting potential misconduct or negligence in their duties.
Court's Directive and Broader Implications
The High Court has mandated that the CWC chairperson personally hand over the boy to his parents in a conference room on the HC premises at 1 pm on March 6. This directive not only aims to reunite the family but also serves as a critical examination of child welfare protocols in India. The case highlights systemic issues in record-keeping at hospitals and the procedural lapses within welfare committees that can exacerbate familial trauma.
This ruling reinforces the judiciary's role in safeguarding parental rights and ensuring that child welfare authorities adhere strictly to legal and ethical standards. It calls for greater accountability and transparency in cases involving child custody, particularly when biological relationships are scientifically verified and parents are cleared of wrongdoing.
