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The Punjab and Haryana High Court Friday sought an urgent report from the Mansa District Child Protection Officer (DCPO) on the condition and custody of a five-month-old boy allegedly sold by his drug addict parents for Rs 1.8 lakh, and questioned why the infant had not been kept with his mother, who is currently in judicial custody.
The petition was argued by Senior Advocate Baltej Singh Sidhu, assisted by Advocate Himmat Singh Sidhu, who submitted that the Mansa incident reflected the convergence of drug addiction, poverty and child vulnerability in Punjab. Baltej Singh Sidhu said the state’s failure to put in place a coordinated anti-drug and rehabilitation framework had pushed families to the brink.
He brought to the court’s attention multiple studies and government records that depict the scale of the crisis. He alleged that as of 2022, over 3 million people in Punjab were consuming some form of drugs, citing statewide and PGIMER surveys that estimated 15.4 per cent of the state’s population was engaged in substance use.
He further cited a 2023 parliamentary report showing that among minors, 3,43,000 were using opioids, including heroin, 18,100 were using cocaine, and around 72,000 were dependent on inhalants. Baltej Singh Sidhu also submitted that Punjab recorded the highest drug overdose deaths in India in 2022, with 144 fatalities, and that 16 per cent of India’s women drug addicts are from Punjab.
Punjab’s share of national drug deaths stood at 21 per cent, mostly among young adults aged 18-30, he said, adding that chronic demand, entrenched supply chains and “protection” within law enforcement had prevented meaningful enforcement.
The PIL arises from an FIR registered at Bareta police station on October 25 after a 19-year-old mother, formerly a state-level wrestler, and her husband allegedly sold their infant through a forged adoption deed. The Child Welfare Department later took the child into custody.
During the hearing, Baltej Singh Sidhu argued that addiction alone should not justify separating a child from the mother without examining alternatives mandated under law. He pointed to Section 6 of the Hindu Minority and Guardianship Act, which recognises a mother as the natural guardian of a child below five.
The bench questioned why the infant was placed in institutional care instead of being kept with the mother in custody, observing that infants of such age are ordinarily permitted to stay with incarcerated women. “No law on earth can deprive a child of the warmth of the mother’s lap,” remarked Senior Advocate Baltej Singh Sidhu. The court directed the DCPO to file a detailed status report on the infant’s well-being and care arrangements.
Appearing for the state, the counsel submitted that the mother has applied for bail and remains in judicial custody, while the child continues to be under the care of the Child Welfare Department. He also said that a state task force headed by a senior police officer was in place to stop the flow of drugs.
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