THE GOAN NETWORK
PANAJI
The High Court of Bombay at Goa on Wednesday set aside an order passed by the Child Welfare Committee (CWC), North Goa, denying a teenage mother custody of her newborn child.
The Division Bench of Justice MS Karnik and Justice Valmiki Menezes directed that the newborn’s custody be restored to the child's mother, who was allegedly raped when she was a minor.
The petitioner had filed a writ petition challenging the CWC’s order dated September 4, directing that the child be placed in a specialised adoption agency. The CWC order also cited concerns that the petitioner herself needed care and protection and was housed in a group foster care, which was not equipped to accommodate a newborn.
During the present hearing, the petitioner’s Counsel Vijeta Poulekar and N Suganthi argued that the mother should be allowed to retain custody of her baby, particularly as she had already expressed willingness to care for the child.
The Court, while accepting the petition, observed that the CWC order did not sufficiently consider the petitioner’s wishes. “The petitioner is now a major. Yesterday (Tuesday), during the hearing, we had expressed that the child's custody should be restored to the mother... What is stated by the petitioner in her application is accepted as an undertaking to this Court... The petitioner submits that she accepts and agrees to abide by what is stated by Respondent no.2 (CWC) in the list of safeguards/guidelines to be followed by the petitioner and as regards the Fit Person (foster parents) to be appointed,” reads the order.
Earlier, in view of apprehensions raised by the CWC, the petitioner assured the Court that she would continue to stay with her baby at the Group Foster Care for one month and thereafter shift to rented accommodation along with her baby.
One of the key points raised by the CWC was a set of safeguards and guidelines, which the petitioner agreed to follow. These guidelines included the CWC appointing the Group Foster Care home as a “Fit Person” under the Juvenile Justice Act; the Fit Person being responsible for the overall development of both the mother and child, ensuring that the mother’s educational, psycho-social, and vocational needs are met until she is ready to reintegrate with her family; and that the Fit Persons submit regular reports to both the CWC and the District Child Protection Unit to monitor the well-being of the mother and child.
The Court, while quashing the CWC order, appreciated the efforts of the CWC in assisting the High Court to come to a conclusion and listed the matter for compliance on November 28.
