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Kerala High Court Quashes Child Welfare Committee Member Appointment, Emphasizing Need for 'Active Involvement' in Child Welfare

Kochi , Kerala – In a significant judgment, the Kerala High Court has overturned the appointment of a member to the Child Welfare Committee (CWC) in Kollam, highlighting the critical importance of ‘active involvement’ in child welfare activities as a mandatory qualification. The division bench, presided over by Chief Justice Nitin Jamdar , set aside the appointment of Respondent No. 8, Mr. Alan M. Alexander , emphasizing that the Selection Committee had failed to adequately scrutinize whether he possessed the requisite seven years of genuine experience in the field.

Background of the Case

The case arose from a writ petition filed by Mr. C. Krishnankutty Nair , challenging the appointment of Mr. Alexander and seeking his own appointment to the CWC, Kollam. Mr. Nair argued that Mr. Alexander lacked the essential seven years of experience in child welfare, a mandatory criterion under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Kerala Rules of 2017. The single judge had initially dismissed Mr. Nair 's petition, leading to the current appeal under the Kerala High Court Act.

Key Arguments and Contentions

Mr. Nair , appearing in person, contended that Mr. Alexander did not meet the statutory requirement of seven years of ‘active involvement’ in child welfare. He argued that Mr. Alexander 's claimed experience as Project Director at Limrah Health Connection Pvt. Ltd., a company primarily focused on medical tourism, was not relevant to child welfare. Mr. Nair asserted that he himself was fully qualified, possessing relevant educational qualifications and extensive experience in the Social Justice Department and child development schemes.

Representing Mr. Alexander , Advocate S. Sreekumar argued that the Selection Committee had duly considered Mr. Alexander ’s qualifications and found him suitable. Mr. Alexander ’s counter affidavit highlighted his degree in Physiotherapy and claimed experience as Director of Operations for child development projects under Limrah Health Connection Pvt. Ltd.

The State, represented by Senior Government Pleader Mr. V. Tekchand, maintained that the selection process was properly conducted and the Committee's decision should not be interfered with by the Court.

Court's Reasoning: 'Active Involvement' is Paramount

The High Court bench meticulously examined Section 27(4) of the Juvenile Justice Act, 2015, and Rule 8(2) of the Kerala Rules of 2017, which stipulate the qualifications for CWC members, emphasizing the phrase "actively involved in health, education or welfare activities pertaining to children for seven years."

The Court observed, "Considering the negative mandate of Section 27(4) of the Act of 2015, read with Rule 8(2) of the Rules of 2017, the experience of seven years must be construed as having been actively involved and engaged in the measures relating to child welfare as a predominant object and not as a peripheral requirement."

The judgment stressed that the legislature's intent behind requiring ‘active involvement’ was to ensure that CWC members are genuinely dedicated and experienced in child welfare, given the sensitive and crucial nature of their responsibilities. It highlighted the extensive duties of CWCs as outlined in Section 30 of the Act, including inquiries into child safety, rehabilitation, and adoption decisions.

The Court found Mr. Alexander 's claimed experience insufficient and unsubstantiated. It noted the vague and doubtful nature of the certificate provided by his colleague and pointed out that Limrah Health Connection Pvt. Ltd.'s Memorandum of Association indicated its focus on medical tourism, not child welfare activities.

"The Selection Committee has glossed over the crucial aspect of the necessity of being actively involved in the activities. The reason actual experience is insisted upon can be found in the scheme of the Act of 2015, its Statement of Objects and Reasons… Unfortunately, the Selection Committee has not scrutinised whether Respondent No. 8 has the requisite experience as mandated under the Act of 2015 and the Rules of 2017."

In contrast, the Court acknowledged Mr. Nair 's extensive qualifications and experience in the Social Justice Department, Integrated Child Development Scheme, and various child welfare organizations, deeming him to possess the required ‘active involvement’.

Decision and Implications

The High Court allowed the appeal, quashing the single judge's order and W.P.(C) No. 21014 of 2022. The appointment of Mr. Alan M. Alexander as a member of the Child Welfare Committee, Kollam, was set aside. The court directed the State to appoint Mr. C. Krishnankutty Nair to the vacant position, recognizing his eligibility and position on the select list.

In its concluding remarks, the bench underscored the critical role of Child Welfare Committees and the necessity for diligent selection of members. It emphasized that the Juvenile Justice Act is not merely a legal framework but a protective mechanism for vulnerable children. The Court urged Selection Authorities to prioritize candidates with genuine, direct experience in child protection work to ensure CWCs function with empathy, insight, and competence.

"The members of the Child Welfare Committee make critical decisions on shelter, adoption, foster care, and repatriation—decisions that shape young lives. Therefore, the Selection Authority must give primacy to those candidates with genuine, direct experience in child protection work—whether through social work, psychology, rehabilitation programs, or law enforcement. Only then can the Child Welfare Committees function with the empathy, insight, and competence to protect and support children in need."

This judgment serves as a crucial reminder of the stringent requirements for appointments to Child Welfare Committees and the judiciary’s role in ensuring that statutory bodies are manned by individuals with genuine and demonstrable experience in the welfare of children.