Point of Law: Guardians and Wards - Child in need of care and protection – Rights of children - Rights of children are protected and that broad and purposeful interpretation is given to the definition “child in need or care and protection” under Section 2(14) of Juvenile Justice Act. The Hon’ble Supreme Court has made reference to Directive Principles of State Policy enumerated in the Constitution of India while emphasizing upon the role of institutions established under provisions of Juvenile Justice Act and the manner in which courts and all concerned institutions need to give effect to the provisions of the Juvenile Justice Act.

JUDGMENT :

MANISH PITALE, J.

1. This is a writ petition seeking a writ of habeas corpus and a direction to respondent Nos. 1 and 2 to release minor child “Bhavreet @ Bhavnoor Kaur” and for handing over her custody to the petitioners.

2. The petitioners claim that they adopted the said child when she was about two weeks’ old and it is their claim that action undertaken by respondent Nos. 1 and 2 against them was not warranted in the facts and circumstances of the present case. The relevant facts pertaining to the present petition are that the aforesaid girl-child was born on 08.01.2019. When it was found that the biological mother of the child i.e. respondent No. 3 herein was not willing to take care of the girl-child, an intimation was given to a Non Governmental Organization (“NGO”) viz. Child-line. Pursuant to such intimation, a letter dated 17.01.2019 was sent on behalf of the NGO-Child-line to respondent No. 2-Child Welfare Committee (“CWC”) constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 (“Juvenile Justice Act”). In this letter, the fact regarding respondent No. 3 not willing to take care of the child was mentioned and that, she had decided to either give the girl-child in adoption or to keep her in some Ashram. It was also stated in the letter that there was a possibility of the girl-child being sold by the biological mother i.e. respondent No. 3 herein.

3. Upon receiving the said written communication, respondent No. 2-CWC took cognizance of the matter and directed respondent No. 3 to come before it with the girl-child once in a month and respondent No. 2-CWC further gave a direction to the aforesaid NGO to supervise the activities of respondent No. 3 by visiting her once in a month. But, it appears that immediately thereafter, on 22.01.2019, a notarized Adoption Deed was signed by respondent No. 3, whereby the girl-child was purportedly given in adoption to the petitioners herein. On this basis, the girl-child was given to the petitioners, who took her to Punjab.

4. On 14.02.2019, when persons from the said NGO-Child-line visited the house of respondent No. 3 as per the direction given by respondent No. 2-CWC, it was found that the girl-child was given away by respondent No. 3 to the petitioners for which respondent No. 3 had received an amount of Rs. 20,000/-. In this situation, the NGO-Child-line sent written communication to respondent No. 3 to take appropriate action in the matter, whereupon respondent No. 2-CWC immediately directed the NGO-Child-line to report the matter to the police. Respondent No. 2-CWC also sought the presence of respondent No. 3 before it but, respondent No. 3 did not respond.

5. It is in this backdrop that on 18.06.2019, an FIR came to be registered at Amboli Police Station being C.R. No. 115 of 2019 against petitioner No. 1 and respondent No. 3 for offence under Section 80 of the Juvenile Justice Act.

6. On 28.06.2019, the girl-child was produced before respondent No. 2-CWC by the police and respondent No. 3 was also present. Respondent No. 3 admitted before respondent No. 2-CWC that she had received an amount of Rs. 40,000/- from the petitioners for handing over the girl-child. Respondent No. 2-CWC, in these circumstances, directed the girl-child to be handed over to “Vatsalya Trust” a Special Adoptive Agency.

7. Respondent No. 3 filed an application before respondent No. 2-CWC for custody of the girl-child. Petitioner No. 1 also filed applications for meeting the girl-child and for celebrating her birthday. Respondent No. 2-CWC directed the NGO to submit a Social Investigation Report as contemplated under the Juvenile Justice Act, which was submitted on 24.12.2019. In this report, it was stated that respondent No. 3 had initially stated that she was impregnated by her friend. Later, she stated that she was raped by her employer. Respondent No. 3 stated that she had handed over the girl-child to the petitioners out of goodwill and that, they had given her financi