Child Below Five Belongs with Mother Unless Proven Unfit: Allahabad HC Grants 21-Month Old’s Custody to Mother
Allahabad High Court: In a habeas corpus writ petition filed by mother seeking custody of a 21-month-old minor child,
Child Welfare Committee
Habeas Corpus Plea Fails Where Lawful Custody Flows from Child Welfare Committee Order: Allahabad High Court
The State submitted that since the corpus is in lawful custody of the State in pursuance of a judicial order, the present habeas corpus petition is not maintainable.
Custody by CCI without judicial authorisation amounts to unlawful detention; Tripura HC restores minor’s custody to mother
“The Mother and child love and affection is more relevant than anything else. The laws are made for the citizens but citizens are not born for the laws. No law can deprive the child or mother from their bondage, love and affection and the relation cannot be denied.”
Juvenile Justice Act prevails over Muslim Personal Law; Adopted child entitled to same status as biological child: Madras High Court
“A child below 18 years cannot obviously give consent. So this expression “consent” must be understood as ascertaining its wishes.”
Bombay HC takes suo motu cognizance of girls’ harassment in a Children’s Home
The Court was shocked with the treatment given to the girls in the children’s home and the complaints made in respect of the Child Welfare Committee, which was established with a broad object and was supposed to act in the children’s interest, who need care and protection.
Transfer of girls attaining majority from observation homes in Aurangabad: Inside Bombay High Court’s suo motu cognizance
“The education was being given to the girls in the observation homes which was their right being a citizen of the country, but their transfer from the place where they grew up till the age of 18 years was to be weighed carefully keeping in mind the interest of the girls.”
Adoption by step-parent cannot be permitted without biological parent’s consent: Kerala High Court
A biological father has the inherent right to custody of his child, a right that continues until the child reaches the age of majority or until the order is modified or revoked by a competent court, and the substantive and intrinsic statutory right of a biological father to retain custody of his child cannot be waived or relaxed by the CARA under Regulation 63.
CWC’s orders must prioritize child’s best interests over personal moral values; Kerala High Court grants custody of infant to breastfeeding mother
“Judged by moral standards of the CWC members, the petitioner may not be a good person, but that does not make her a bad mother.”
Advocate volunteers to cover pregnant minor rape survivor’s delivery expenses on Rajasthan High Court’s request
The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.
Punjab and Haryana HC directs Child Welfare Committee to conduct enquiry on minor’s safety who ran from her home on being allegedly forced to marry old man
The Court stated that the Senior Superintendent of Police, Ferozepur should take appropriate steps regarding the threat perception to the minor and her friend and to ensure that the minor, her friend and his family members were protected from the physical harm by minor’s family member.
Delhi High Court issues directions for immediate financial assistance and recovery of back wages for rescued child labourers
“Benefits to labourers under Standard Operating Procedure formulated by Government of Delhi provided that Labour Department must immediately initiate proceedings for recovery of back wages from accused employers/owners, including wages for overtime in accordance with Minimum Wages Act, 1948.”
Madras High Court directs DGP to identify cases involving consensual relationship amongst pending POCSO cases; Discontinues two-finger test and potency test
If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.
[Minor impregnated by her own brother] Kerala High Court bats for ‘safe sex education’ in schools and colleges
Kerala High Court expressed that this happened because of the lack of knowledge about the safe sex. Minor children are in front of ‘internet’ and ‘google search’. There is no guidance for the children.
No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court
Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.
28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders
Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.
NHRC calls for action against dilapidated condition of a District Child Protection Office in Chennai
The National Human Rights Commission recently called State Human Rights Commission Tamil Nadu and other authorities to act upon the dilapidated condition of District Child Protection Office, Royapuram.
Allahabad High Court| Secretary of the High Court Legal Services Committee must ensure that POCSO victims are represented by diligent practitioners
Allahabad high Court: In a case under Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ Act), Ajay Bhanot, J.
“Minor child interested in staying with natural parents only”; Telangana High Court directs Child Welfare Committee to handover the custody of minor child to natural parents, giving visitation rights to foster parents
Telangana High Court: While deciding a case, wherein, a writ of habeas corpus was filed seeking to direct the respondents
Delhi High Court allows medical termination of pregnancy for a 16-year-old rape victim having foetus beyond 28 weeks
Delhi High Court: In a case seeking grant of medical termination of pregnancy by a 16-year-old rape victim (‘petitioner’), Yashwant Varma J.,
Trafficked then thrown into prostitution; HC addresses plight of minor girl, directs District Judges to sensitize judicial officers about provisions of POCSO and JJ Act
Patna High Court: While addressing the plight of a minor girl who was first trafficked by her own maternal uncle and was