Child welfare committee expected to show sensitivity, not conduct proceedings in business-like manner: Delhi HC

Child welfare committee expected to show sensitivity, not conduct proceedings in business-like manner: Delhi HC

The court's observations came while dealing with a POCSO case in which the child born to a woman, who knew only Urdu, was surrendered and later given for adoption.

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It noted that CWC records showed that the application of surrender, explanation of surrender, etc. were all written or filled in English.

"In these circumstances, it was even more critical that the entire proceedings should have been explained to the victim herein as well as her guardian in their vernacular language or the language they speak and understand, and the CWC members, who are expected to show utmost sensitivity and be participating in the proceedings instead of conducting the proceedings in a business-like manner, should have seen that the victim and her mother understood the proceedings that were being conducted," said Justice Swarana Kanta Sharma in a recent order.

The court further noted that according to the statements made before the CWC, the victim had a relationship with the accused, who was now in judicial custody in the POCSO case and was unaware of the surrender of the child, out of her own free will and had also opted to continue with the pregnancy.

It also sought to know who would have been the legal guardian of such a child when both the biological father and mother of the child were alive and were in a consensual relationship.