Family Court challenges Validity of Kerala Child Welfare Council

Family Court Adoption Kerala Child Welfare Law Insider

Chaini Parwani –

Published On: November 1, 2021 at 19:00 IST

The Family Court, Thiruvananthapruam, demanded a report from the State Government alleging Kerala State Council for Child Welfare’s (KSCCW) valid license to function as a specialised Adoption Agency.

Justice K. Biju Menon, demanded a report to know if the Council followed the mandatory Legal procedures while handling the baby of the young mother, who alleged that her child was given in adoption against her will.

The Council had courted controversy following the allegation of the mother that the agency abetted the Adoption process, which was carried out by illegally obtaining her consent.

Further Judge, K. Biju Menon, demanded to know whether the Council submitted a declaration to the State Adoption Resource Agency that there were no claimants for the child after publishing its details in leading newspapers and asked for the copies of those newspapers.

Furthermore, the Court sought the State to submit an Affidavit whether the Council reported the case of the child in question to the Missing Persons Bureau of the police or the National Tracking System for Missing and Vulnerable children as mandated by the Kerala Juvenile Justice (Care and Protection of Children) Rules, 2014. 

The Court also demanded to know whether the Council had presented a copy of the Report, to be filed before a police station concerned, before the Child Welfare Committee (CWC), Thiruvananthapuram, on the baby.

It was further highlighted that the Proceedings in the Court should not discourage the Child Welfare Committee (CWC) from re-examining the adoption procedures related to the baby since no final decision was taken in the case. (Supreme Court directs Child Welfare Committee to complete enquiries under Juvenile Justice Act)

The Court also stated that the Child Welfare Committee (CWC) can adjudicate if the baby was abandoned or surrendered as there was no mention about it in the application filed by the Kerala State Council for Child Welfare (KSCCW) before the court.

The Court adjourned the matter for a further Trail on November 11.

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