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2021 DIGILAW 777 (JHR)

Chaita Bediya v. State of Jharkhand

2021-09-20

ANUBHA RAWAT CHOUDHARY, APARESH KUMAR SINGH

body2021
JUDGMENT : 1. The Child Welfare Committee (CWC), Ranchi has submitted its decision/ clarification bearing letter no. CWC/APP/21 dated 18.09.2021 pursuant to the order dated 16.09.2021 in two sealed cover, which have been opened during proceedings of the Court. To recapitulate the issue, by our order dated 16.09.2021 after taking note of the decision of the CWC, Ranchi dated 15.09.2021, we had expressed that the report does not reflect any requirement of continuance of protective custody by the CWC, but this aspect was not clearly mentioned in the order. CWC, Ranchi was asked to consider this aspect again. 2. The decision/clarification contained in the present communication dated 18.09.2021 conveys that the minor girl would study in Kasturba Residential School like any other girl and would be permitted to go to her home and stay with her family during every vacation/ holidays. It further indicates that the girl while leaving Kasturba Residential School on any such holiday would come back to the home in the first half of that day like any other girl, who has been sent to the Kasturba Residential School from home and thereafter her father, after completing necessary formalities shall take her to her parental home. It further indicates that one day before the holiday is over, the girl would be brought back to the home so that the girl can join the school in time. This will ensure that there is no interruption in her studies. The CWC, Ranchi has however also indicated that in case the father of the girl wants himself to bring her to school, he would inform the CWC, Ranchi beforehand. At the end, it has been stated that the CWC would undertake follow up of the child from time to time. 3. Perusal of this order/ decision/ clarification of CWC, Ranchi creates an impression that the word ‘home’ is used both for her natural home and that of the shelter home. This decision read with the previous decision of CWC, Ranchi dated 15.09.2021 does not indicate any adverse report regarding her wellbeing in her natural family at her parental home. 3. Perusal of this order/ decision/ clarification of CWC, Ranchi creates an impression that the word ‘home’ is used both for her natural home and that of the shelter home. This decision read with the previous decision of CWC, Ranchi dated 15.09.2021 does not indicate any adverse report regarding her wellbeing in her natural family at her parental home. However, the CWC, Ranchi seems to have made an arrangement that while leaving the school on account of any vacation or holidays, she would be required to first come to the home ‘home is presumably meant to be shelter home / Premashray home’ and then be taken to her parental home by her father after performing the formalities. Though similar guideline has been given for joining the school after the holidays but a relaxation has been given of the said condition to report back to the shelter home / Premashray home one day before provided her father informs the CWC, Ranchi prior in point of time. 4. Learned Advocate General has fairly stated that such condition at the time of leaving the school during the vacation / holidays may be suitably modified. 5. As observed above, the CWC, Ranchi has not conveyed that there is any requirement of continuance of protective custody of the minor girl on account of any adverse report regarding the environment in her family at her parental home. It however appears that CWC feels it necessary to undertake regular follow up of the child perhaps with the intent of taking care of her wellbeing. There cannot be any reservation if the CWC intends to undertake regular follow up of the child for her wellbeing. However, we feel that the same procedure laid down by the CWC, Ranchi about rejoining of the minor child in the Kasturba Residential School after holidays can be followed when the child is allowed to go home during the holidays or vacation from the Kasturba Residential School. The father of the child can take her from the residential school by proper intimation to the CWC, Ranchi during the vacation / holidays like any other normal child of the school. The CWC, Ranchi may continue to undertake follow up of the well-being of the child from time to time. The D.L.S.A, Ranchi shall also undertake regular follow up of the wellbeing of the child in coordination with the CWC, Ranchi. 6. The CWC, Ranchi may continue to undertake follow up of the well-being of the child from time to time. The D.L.S.A, Ranchi shall also undertake regular follow up of the wellbeing of the child in coordination with the CWC, Ranchi. 6. To summarize, the background of the case is briefly stated hereunder: 7. The writ petition was initially preferred on 21.08.2021 for production of the family members of the petitioner including the girl child alleging illegal confinement by the respondent authorities. However, by way of a supplementary affidavit sworn on 20.08.2021 itself filed on 26.08.2021, petitioner stated that the father of the petitioner namely Shivlal Bedia, wife of the petitioner namely Sipoti Devi and his two minor children were released by the police officials on 16.08.2021 at 09.30 p.m. but the minor girl was not being released and had been sent to the Premashray Home, Siramtoli, Ranchi. Taking note of these facts and upon hearing learned Senior Counsel for the petitioner and the learned Advocate General, orders were passed on 06.09.2021 for examination of the girl by a learned Judicial Magistrate 1st Class, Ranchi, preferably female, to be recorded in camera to know about her physical and mental wellbeing and in relation to grievance, if any conveyed by the minor girl. The report of the D.L.S.A., Ranchi containing the statement of the minor girl recorded in camera by learned Judicial Magistrate 1st Class, Ranchi was submitted in sealed cover on the next date. Since the report was in one copy only the matter was adjourned to 13.09.2021 and the CWC, Ranchi was also asked to submit its report in sealed cover. Upon consideration of the statement of the minor girl along with the report of the CWC, Ranchi, this Court on 13.09.2021 arrived at a considered opinion that the CWC, Ranchi is required to take a decision on the question of continuance of protective custody of the minor girl. Thereafter the CWC, Ranchi conveyed its decision dated 15.09.2021 before this Court in two separate sealed cover. On perusal whereof, vide order dated 16.09.2021 it was observed that the report does not reflect any requirement of continuance of protective custody by the CWC, but this aspect was not clearly mentioned in the order. The present communication bearing letter no. Thereafter the CWC, Ranchi conveyed its decision dated 15.09.2021 before this Court in two separate sealed cover. On perusal whereof, vide order dated 16.09.2021 it was observed that the report does not reflect any requirement of continuance of protective custody by the CWC, but this aspect was not clearly mentioned in the order. The present communication bearing letter no. CWC/APP/21 dated 18.09.2021 has been submitted in compliance thereof, the gist of which has been taken note in the opening paragraph of this order. 8. We have considered the submissions of learned Senior Counsel for the petitioner and learned Advocate General on the limited surviving issue concerning protective custody of the minor girl. Upon consideration of the decision of the CWC, Ranchi as above and the modification in the arrangement made by us today regarding her stay and leave during vacation/ holidays from the Kasturba Residential School, we are of the opinion that no further orders need to be passed in that regard in the present matter. As such, the proceedings are closed and the writ petition is disposed of. 9. Let a copy of the order be communicated to the Secretary, D.L.S.A., Ranchi forthwith. The report furnished by the CWC, Ranchi today be also kept in sealed cover. All reports submitted in this matter including that submitted by learned Advocate General on behalf of the State, report of the CWC, Ranchi and also the statement of the minor girl recorded in camera by the learned Judicial Magistrate 1st Class, Ranchi be preserved with the court’s record. All the pending I.A.s are closed.