Custody plea: Delhi HC seeks response from Uganda High Commission, FRRO on bringing orphaned infant to court

The petition notes that the deceased mother was brought to India under false pretences in November 2022, with her visa valid until November 2023. She ended up overstaying after becoming a victim of human trafficking “and had to endure inhumane conditions” until her rescue by the Manobal Foundation.

She had subsequently submitted an application for an exit permit on January 11.

However she was hospitalised on January 17 and three days later, died due to her HIV infection. At the time of her hospitalisation, she had entrusted the custody of the child to one Namakula Dooren for the period she was in the hospital.

Ever since the mother’s death, it was found that Dooren had handed over the infant’s custody to another woman, one Jackylin Nakayima alias Julie. Nakayima then refused to hand over custody of the child to the Child Welfare Committee (CWC) as is required if a child is orphaned. The same was informed to the Ugandan Embassy, Department of Women and Child Development and Children Welfare Commission through an email.

In an order by the division bench of Justices Prathiba Singh and Dharmesh Sharma on January 27, the court recorded, “Further, allegations have also been made by the Petitioner NGO that various foreign nationals are residing in Delhi, who are forced into human trafficking since these individuals are not being given the requisite exit permits after their visas have expired.”

Following the NGO’s submissions, the court issued notice to all the respondents including the two women who allegedly had custody of the infant at various point of time, Uganda High Commission, the state through the police, Child Welfare Committee and WCD department, FRRO and district child protection unit of New Delhi.

The court has posted the matter for next hearing on February 7.