‘Inhuman to separate them’: Karnataka High Court backs couple who raised abandoned baby for 10 years

“The petitioners’ application for adoption of the child should also be processed soon after CWC completes its inquiry, and if the petitioners are found eligible to adopt the child, the child should be given to them in adoption,” the court added.

Couple’s petition, CWC’s notice

The couple submitted in their petition that when they visited the Sri Gavisiddeshwara Swami Mutt on June 10, 2016, a three-day-old infant was found abandoned there by his mother. Acting on the advice of the mutt’s seer, they took the child into their care.

In July 2017, CWC issued a notice to the couple regarding the legality of the couple’s custody of the child. The couple submitted their reply, and no further action was taken in the matter.

On February 2, 2020, the Committee issued a public notice urging the child’s parents or legal heirs to come forward and claim custody. The notice also invited anyone with information about the child’s parents to approach the chairman of the Child Welfare Committee (CWC), Shivamogga, in person, along with the necessary documents.

The Committee took the child into its custody, and the couple’s plea for the child’s release was not favourably considered. Consequently, they approached the Karnataka High Court, seeking custody of the child.

In an interim order passed in 2021, the court directed CWC to hand over the child’s custody to the petitioners, and granted the Committee visitation rights to supervise the child.

CARA rules, court’s observations

Government Advocate M N Sudev Hegde submitted before the court that any child in need of care and protection is required to be produced before CWC, which has to conduct an inquiry under Rule 19 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

Hedge said that, as the couple did not produce the child before the Committee, and in light of a complaint, the petitioners were in alleged illegal custody of the child.

The bench noted in its order that the child is now nine-and-a-half years old and studying in Class 4. It further observed that, despite the public notice issued by CWC, no one has come forward to claim custody, and the whereabouts of the child’s parents remain unknown to date.

The court also considered that the couple’s disabled child had died at the age of 12, and their daughter had passed away within four months of birth. Since the child has been in their care and protection, the couple expressed their desire to adopt him. They assured the court that they were willing to comply with any conditions and would ensure the child’s welfare and meet all his needs.

The court, disposing of the petition in its order, clarified that the child would remain in the petitioners’ custody during the inquiry to be conducted by CWC.