Ascertain Identity Of Parents Surrendering Child; Inquire Reasons: Guideline Issued By Karnataka HC

FACTS OF THE CASE

• Letzkit Foundation, the petitioner, drew the attention of the court to a newspaper article.
• It was written that a young couple staying in a live-in relationship had handed over their 12-day old child to the Child Welfare Committee.
• The neighbours saw the couple attempting to abandon the child and alerted the CWC and local police.
• As the petitioner was not aware of the order of the CWC, therefore in the petitioner, a prayer was made directing the DCWC, to check that they can restore the abandoned child by the biological parents.
• A notice was issued in this regard.
• The application made by parents of the child under subsection 1 of Section 35, was being entertained by Mysore CWC.
• An order was passed on May 19 which allowed them to surrender their child under subsections 1 and 2 of the Juvenile Justice Act.

LEGAL PROVISIONS

• Section 35 of Juvenile Justice Act: This section mentions the surrender of children.

Subsection 1: A child may be produced before the committee by his parent or guardian, who due to any physical, social or emotional factors, which is beyond their control, wish to surrender their child.
Subsection 2: The Committee would follow a prescribed process of inquiry and counselling, and if it feels satisfied, then the parent or guardian have to present a surrender deed before the Committee.
Subsection 3: A time of two months to reconsider their decision, would be given to the parents to the guardian who had surrendered their child. During the intervening period, the Committee can either allow, after necessary inquiry, if the child should stay under the supervision of the parents or in a Specialised Adoption Agency, if he is below 6 years of age or child’s home if he is above 6 years.

OBSERVATION MADE BY THE COURT

• On Thursday, the Karnataka High Court gave directions to the State Government to exercise rule making powers provided under 110(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
• This must be followed for providing the procedure for inquiry and counselling that the Child Welfare Committees must follow, while the parents or guardian surrender their child to the Committee.
• The procedure must be expeditiously prescribed within a period of 3 months from the date of order.
• A division bench comprising Chief Justice Abhay Oka and Justice N S Sanjay Gowda observed that an in-depth inquiry must be made by CWC, as the matter of parents surrendering their child is very serious and it offends the rights of the child.
• They opined that as the State Government had not exercised any rules under proviso subsection 1 of Section 110, therefore the CWC must follow the model rules framed by the Central Government.

GUIDELINES ISSUED BY THE COURT

• While referring to Subsection 2 of Section 35, the Court noted that, the rule making authority will include a provision of taking assistance from a child psychologist, during the counselling process.
• The identity of parents must be inquired first. It must also be noted if they are biological parents or not.
• Then the physical, emotional or social factor which is compelling them to surrender their child must be looked into.
• After the two months waiting period is over, the CWC has the responsibility to enquire the parents about their decision.
• The court further directed the state government to provide the copies of the order to all CWCs in the state.

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