1. Petitioner sought intervention from the statutory committee regarding abandoned minors, but the committee refused to entertain the application due to the absence of a relative. (Para 2 )
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2026 Supreme(Online)(Ker) 68251
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
Annie Babu – Appellant
Versus
State of Kerala – Respondent
WP(C) NO. 38939 OF 2026
Important Points
The Court affirmed that an appropriate application filed by a concerned party before the Child Welfare Committee (CWC) regarding abandoned children must be considered and decided in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015.
Subject
Civil - Child Welfare
Act Referred
Headnote
(A) Child Welfare - Abandoned Children - Intervention of Child Welfare Committee (CWC) - A third party can approach the CWC to report abandoned children and seek intervention under the Juvenile Justice (Care and Protection of Children) Act, 2015, provided a proper application is filed.
Issues: Whether a third party possesses the locus standi to move an application before the Child Welfare Committee for the rescue and protection of abandoned children.
Issues: Whether a third party possesses the locus standi to move an application before the Child Welfare Committee for the rescue and protection of abandoned children.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Manu Nair G, Bharath Murali
For the Respondents: Pooja Surendran
For the Appellants/Petitioners: Manu Nair G, Bharath Murali
For the Respondents: Pooja Surendran
Table of Contents
2. The petitioner contended the committee must act on information regarding abandoned children, while the committee suggested only relatives could initiate the intervention. (Para 2 )
3. The court noted the committee's readiness to initiate proceedings under the relevant statute if a formal complaint is properly submitted by the petitioner. (Para 3 , 4 )
4. The Child Welfare Committee is legally obligated to consider and decide applications regarding child welfare, provided they are filed in accordance with the prescribed statutory procedures. (Para 3 , 4 )
5. The petition is disposed of with a direction to file an application within one week, which must be considered and decided within fifteen days thereafter. (Para 4 )
6. Can a third party file a complaint regarding abandoned children before the Child Welfare Committee?
Yes, the court directed the petitioner to file an appropriate complaint, indicating that the committee will proceed with the intervention in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015, upon receiving such a formal application. (Para 3 , 4 )
7. What is the time-bound framework for the Child Welfare Committee to adjudicate upon a complaint filed under the Juvenile Justice Act?
The court mandated that if the applicant files the complaint within one week, the Child Welfare Committee must consider and pass an appropriate order on the matter within fifteen days thereafter. (Para 4 )
Heard Sri.Manu Nair G., the learned counsel for the petitioner, as well as Smt.Pooja Surendran, the learned Government Pleader for the respondents.
2. The captioned writ petition has been filed by the petitioner pointing out that three children, all under the age of seven years, are abandoned by their parents and are presently situated at Kottamala Ward No.3, Elappara Grama Panchayat, Peermade Taluk, Idukki District, and therefore, the 3rd respondent Child Welfare Committee (CWC) requires to intervene. The learned counsel for the petitioner points out that though the petitioner approached the CWC, they were reluctant to interfere, stating that a third party cannot file an application and it is only a relative of the children who could intervene in the matter.
3. The learned Government Pleader, on the basis of the instructions received, points out that, if an appropriate complaint is filed by the petitioner before the CWC, they would definitely intervene in the matter with reference to the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The afore submission made by the learned Government Pleader is recorded.
4. In the light of the afore submission made by the learned Government Pleader, this Court is of the opinion that it is for the petitioner to file an appropriate application before the 3rd respondent. With the afore observations, this writ petition would stand disposed of. Needless to state that if such an application is being filed by the petitioner within a period of one week from today, the 3rd respondent requires to consider and pass an appropriate order thereon, strictly in accordance with law, within a period of fifteen days thereafter.
