The main legal point established in the judgment is the violation of human rights, right to privacy, and dignity of the accused mother by the actions of the police officials in parading her before the media.

JUDGMENT :

M.S. Sonak, J.

Heard Mr. D. J. Pangam, learned Advocate General alongwith Mr. P. Faldessai, learned Addl. Government Advocate for Respondent Nos.1, 2 and 5, Mr. C. A. Ferreira, learned Advocate for Respondent Nos.3 and 4, Mr. G. V. Dhume, Chairperson of CWC, North Goa, who appears in person.

2. In the daily 'Tarun Bharat' dated 30th August, 2019, there appeared a news report of the arrest of a couple, which is alleged to have abandoned their new born, third male child under the caption .

3. The news report included a photograph, in which Mr. Kapil Nayak, Police Inspector, Mapusa Police Station (Respondent No.3) and Mr. Amin Naik, Police Sub Inspector, Mapusa Police Station (Respondent No.4), appeared prominently, alongwith other police officials, out of which at least four are in full police regalia (uniform). These police officials are seen standing in the photograph and the accused mother, is seen kneeling down before them. The names of the mother, alongwith the police officials appear quite prominently in the photograph published alongwith the news report. The police officials, including in particular the Respondent Nos.3 and 4, are seen posing alongwith the mother, as if they are displaying some "trophy". The photograph clearly conjures images of some erstwhile Maharajas or hunters posing with their trophy after a hunt. The photograph of the father also appears separately alongwith the news report.

4. Suo Motu cognizance was taken of the aforesaid news report and the photograph and appropriate directions were issued to the registry to treat this news report as a Suo Motu Public Interest Litigation vide order dated 30th August, 2019. Notices were issued to the Respondents to file their responses in the matter. Certain interim orders were also issued to ensure that proper care and protection is accorded not only to the allegedly abandoned child but also to the two other minor children, aged four and six years respectively, of the accused couple, who might have been left abandoned on account of arrest of their parents by the police.

5. In our order dated 30th August, 2019, we made it clear that we do not propose to make any observations with regard to the arrest of the parents or investigations into any alleged offence committed by them and that law may take its own course on this aspect. We however, expressed concern at the parading of the accused mother before the print and electronic media, which, we found at least prima facie to be in violation of human rights of the accused mother, not to mention in violation of her rights to privacy and dignity, both recognized as fundamental rights under Article 21 of the Constitution of India. We also observed that the presumption of innocence, which is one of the cornerstones of our criminal jurisprudence was compromised by the acts of the police officials in so insensitively parading the accused mother before the print and electronic media.

6. In this Suo Motu Public Interest Litigation, we are mainly concerned with the following two aspects of the matter :-

(i) The welfare of three minor children, including the welfare of new born child, who was alleged to be abandoned by the parents;

(ii) Virtual parading of the mother by the police officials before the print as well as the electronic media, in prima facie violation of the accused mother's human rights, rights to privacy and dignity, as guaranteed by the Constitution of India.

7. In so far as the first aspect of the matter is concerned, we have not only perused the affidavits filed on record but we have also interacted with the officials from the Directorate of Women and Child Development and Mr. G. V. Dhume, Chairperson of Child Welfare Committee (CWC). From all this, we are quite satisfied that expedient, and more particularly sensitive steps have been taken by these agencies to accord full care and protection to the three minor children, involved in this matter. The minor children have been ultimately restored to the custody