Court pulls up child welfare committee

The case dates back to 2015, when a 15-year-old girl was rescued by DBS Childline from the house of the accused, in east Delhi’s Shakarpur, where she allegedly worked as a domestic help. It was alleged that the girl had been working there for three years, and that she did not receive “any amount” for her work.

The CWC had relied on two High Court judgments and, based on the calculation under Minimum Wages Act, ordered the accused to pay an amount of Rs 2.69 lakh.

Additional Sessions Judge Ashwini Kumar Sarpal, while hearing the appeal on the payment of arrears, said the CWC, before passing the impugned order, neither made any “inquiry” from the accused nor issued any “notice” to him. Instead, it merely “relied” on the girl’s statement.

CWCs have been designated by law as the final district-level authorities for the care, protection, treatment, development and rehabilitation of children in need of care and protection. A child rescued by an NGO or police is presented before the CWC, which decides on their immediate future like foster homes, compensation, reunion, etc.

After this appeal, the CWC filed a written submission to the court to “justify” its order, stating that it is a quasi judicial body and is working in the “best interest” of the children. The CWC stated that it issued the order after taking “support” from the High Court order titled ‘Bachpan Bachao vs Union of India’ and the L-G’s Delhi Private Placement Agencies (Regulation) Order, 2014, regarding prevention of exploitation of domestic workers.

The judge said that even for the sake of argument, if it is held that CWC has powers to impose the compensation by virtue of two orders, it is required to “at least” follow the principles of “natural justice”.

“No adverse order can be passed by anyone, especially the government or statutory agency, unless the notice of the showcause is issued to the opposite party and he is given right of hearing and to defend such showcause… I have gone through the above mentioned High Court order and notification issued by the L-G, and found nowhere that the CWC has a power to pass order without even hearing the opposite party or to pass an order by ignoring the principles of natural justice,” the judge said.

The sessions court, however, said the CWC is at liberty to re-decide the issue of payment of compensation to the rescued girl. “But only after issuing showcause notice to the accused after giving him an opportunity for filing reply and after giving him at least one opportunity of personal hearing,” the court said.