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2008 Supreme(Del) 928

S.MURALIDHAR, AJIT PRAKASH SHAH
CHILD WELFARE COMMITTEE – Appellant
Versus
GOVT. OF N. C. T. OF DELHI – Respondent


Advocates Appeared:
Ms. Aparna Bhat, Advocate.
Ms. Mukta Gupta, Sr. Standing Counsel for R-1/GNCT of Delhi. Mr. V.K. Tandon, Advocate for R-2 and 3. Mr. Rajat Wadhwa, Advocates for proposed respondents/ Veena and Ram Lal in CM.14015/07.

Dr. S. Muralidhar, J.

1. The genesis of this petition is a letter dated 12th September 2007 addressed to a learned Judge of this Court by Dr. Bharti Sharma, Chairperson, Child Welfare Committee (CWC), Nirmal Chhaya Complex, Jail Road, New Delhi. That letter was treated as a public interest litigation. In the said letter Dr. Sharma referred to the case concerning the illegal adoption of a male infant born on 13th August 2007 to a girl who was a rape victim as well as a minor. The case was first brought to light by the reporter of a television channel, CNN IBN. The minor girl was a domestic worker with a placement agency by the name of Adivasi Sewa Samiti, Shakurpur. According to the minor girl, the placement agency sold her infant to a couple. Taking a cue from S.228A IPC, and with a view to protecting the identity of the girl, she will be referred to hereafter in this judgment as S .

2. On 2nd September 2007 when the above facts were brought to the notice of the CWC by an NGO, PALNA , the CWC took cognizance of the case and instructed the SHO of Police Station Saraswati Vihar to admit the minor mother as well as her infant, both answering the definition of children in need of care





























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