The court affirmed the right of the parent or guardian to access confidential reports and documents produced by the Child Welfare Committee if the contents are relevant for proper adjudication of the dispute before the court.

JUDGMENT :

Kauser Edappagath, J.

The challenge in this original petition is against Ext. P7 order passed by the Family Court, Pathanamthitta dismissing an application filed by the petitioner in OP No.596/2016 to get the certified copy of the reports and documents produced by the Chairman, Child Welfare Committee, Pathanamthitta (hereinafter referred to as CWC).

2. The petitioner and the respondent are husband and wife. Their marriage was solemnized on 10/5/2015. They have no issues in the wedlock. For both of them, it was their second marriage. The petitioner has two sons aged 12 and 8 years in his first marriage. The respondent is also having a son aged 12 years in her first marriage.

3. The original petition has been filed by the petitioner for divorce on the ground of cruelty. The petitioner and the respondent along with their respective children were residing together. It is alleged that the respondent physically assaulted the children of the petitioner, they were put to starvation and discriminated with her child. The petitioner specifically alleged that when his younger son suffered assault at the hands of the respondent, he was forced to report the matter to CWC on 28/7/2016 and proceedings were initiated against the respondent. The Child Welfare Committee has reported the matter to the Kodumon Police Station. During the course of trial before the Court below, the petitioner summoned the Chairperson of the CWC to prove the above matter and he was examined as PW2. The Chairperson has also produced the complete file regarding the above matter, which was marked as Ext. X1. The contents of the file marked as Ext. X1 were not revealed to both counsel. The petitioner filed IA No.2237/2019 before the Court below invoking S.99(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'JJ Act') r/w Rule 239(2) of the Civil Rules of Practice, Kerala to get the certified copy of Ext.X1 file. The Court below dismissed the said petition as per Ext.P7 order. The said order is under challenge in this original petition.

4. Heard both sides.

5. It is not in dispute that when the younger son of the petitioner allegedly suffered assault at the hands of the respondent, he reported the matter to CWC on 28/7/2016 and proceedings were initiated against the respondent. It is also evident from the record that the Child Welfare Committee has reported the matter to the Kodumon Police Station. Ext.P3 would show that on 3/6/2017, the petitioner filed an application before CWC under the Right to Information Act to get the copy of the proceedings so as to produce the same before the Family Court. Ext. P4 is the reply sent by CWC. But, it does not contain the details of the proceedings before them. During the course of the trial, the Chairperson of CWC was summoned with a direction to produce the complete file regarding the proceedings initiated against the respondent on the basis of the complaint preferred by the petitioner stated above and to give oral evidence. The said file was produced and marked as Ext. X1. The Chairperson of CWC was examined as PW2.

6. The petitioner was denied access to Ext. X1 file by the Court below on the ground of confidentiality. It is true that JJ Act clearly state that juveniles are covered by a confidentiality clause whereby their identity is not disclosed. As per the Scheme of the Act, every child who is in conflict with law or who needs care and protection shall have a right of protection of his privacy and confidentiality. Section 99 of the JJ Act deals with confidentiality of reports related to the child. Sub-section (1) of Section 99 provides that all reports related to the child and considered by the Child Welfare Committee or the Board shall be treated as confidential. Sub-clause (1) of S.99 is subject to proviso therein and sub-clause (2). As per the proviso, the Committee or the Board may, if it so thinks fit, communicate the substance in the report to another Committee or Board or to the chil