The Karnataka high court has allowed the Union government to issue travel documents enabling a Russian woman and her two daughters, who were found living in a cave in the forests of Gokarna, Uttara Kannada district in July, to return to Russia.
Justice B.M. Shyam Prasad issued the order after the court was informed that Russian authorities had granted emergency travel documents for the children, including five-year-old Ama, who was born in India. Additional Solicitor-General of India K Arvind Kamath told the court that a DNA report confirming Ama’s parentage had been shared with Moscow, which subsequently extended citizenship and issued short-term documents for her travel.
The proceedings stemmed from a petition filed by Israeli national Dror Shlomo Goldstein, the former husband of Nina Kutina and father of the children. He sought to block the Centre from immediately sending the minors to Russia, arguing that the court must weigh their welfare. His counsel, Beena PK, invoked the UN Convention on the Rights of the Child and submitted that Goldstein had long been responsible for the children’s care.
The bench, however, pointed to the unusual circumstances in which the family had been found. “It is undisputed that just three were in the cave in an isolated environment without any facilities,” the court observed, according to LiveLaw. It added that once the authorities located the family, steps for rehabilitation followed naturally.
{{/usCountry}}The bench, however, pointed to the unusual circumstances in which the family had been found. “It is undisputed that just three were in the cave in an isolated environment without any facilities,” the court observed, according to LiveLaw. It added that once the authorities located the family, steps for rehabilitation followed naturally.
{{/usCountry}}In its order, the court emphasised that the question of the children’s best interests had to be considered within the broader context. “This court must opine that it would only be just and reasonable to examine the children’s best interest in the backdrop of this,” it said, noting that the mother herself had sought repatriation.
Responding to the petitioner’s plea, the Centre clarified its position. “It would be open to the Union to deport any person who has overstayed but in the present case the sending back of mother and children cannot be termed as deportation as it would only amount to recognizing the interest of the mother in travel back to the place of her country with her children,” the ASG submitted.
The bench noted that all disclosures had been shared with Russian authorities, who had responded promptly with documentation for their citizens’ return. “If these two circumstances are compelling for this court to conclude that this would be in the best interest of the children, the other circumstance which is also significant is the imploration by the mother herself to travel back to Russia with the children,” the court observed.