The Telangana High Court on Friday sought a detailed status report on the well-being of a two-year-old girl, who was rescued from her adoptive parents last year and is presently in the custody of the Child Welfare Committee (CWC). The couple had procured the child after paying Rs 6 lakh to a person accused of child trafficking offences.
A division bench of Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin directed the Women Development and Child Welfare (WDCW) department to bring on record the proceedings of the CWC and the reports that have been regularly submitted regarding the welfare of the child in question. The court was hearing a writ appeal against an earlier single judge order that dismissed the couple’s plea for return of a two-year-old girl they had adopted, although without following due legal adoption procedures.
The single judge order, dated January 28, noted that the couple had taken good care of the child but refused them custody as she was adopted through illegal means and from a person accused in several child trafficking cases, Nakka Yadagiri. The judge had observed that bypassing official procedures to allow an “out-of-turn” adoption of the child as pleaded would “amount to and lead to a prescription for illegal adoptions…and encourage child trafficking in the country”.
Representing the appellant Muthuneni Venkanna, advocate C Rakee Sridharan on Friday argued that the bench consider the child’s emotional bond with the adoptive parents. The bench clarified that the bonding was created in a manner not in accordance with law. “How could you take a one-month-old child from the biological parents, even if you had all the good intentions, without going through the procedure? You could have adopted in a manner permitted under law,” the bench observed.
When the counsel pointed to a recent Supreme Court ruling in a similar case where the apex court invoked Article 142 of the Constitution and sought similar relief, the bench pointed out that the decision of the apex court was meant to do “substantive and complete justice” and the facts in the case did not align with the facts of the present case.
The counsel submitted that the child was taken away from a happy and protective environment where she was never exploited at any time. “Welfare of the child can be taken care of by the CWC also. It is not this child who is alone. Other children in the custody of CWC are also equally taken care of well,” the bench observed.
Meanwhile, the government pleader for the WDCW department opposed the couple’s contentions and pointed out that the child was procured from a person accused in a major child trafficking racket busted in Suryapet. She submitted that multiple related FIRs have been registered regarding the rescue of nearly 50 infants. She also informed the court that several relevant documents, including the FIR, letters of the CWC, and detailed profiles of the children, have not been brought on record in the present appeal.
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The court noted that the single judge refused to interfere with the custody of the child taken over by the CWC Nalgonda, taking into consideration that the couple’s adoption was not as per law, and also that an FIR was filed alleging the sale of the girl child for Rs 6 lakh from Yadagiri. The court also noted that the FIR relates to illegal adoption and the alleged trafficking of several children. Permitting the government pleader to place on record all relevant documents, the matter was adjourned for further hearing on March 10.
Rahul V Pisharody is Assistant Editor with the Indian Express Online and has been reporting for IE on various news developments from Telangana since 2019. He is currently reporting on legal matters from the Telangana High Court.
Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of city reporters, district correspondents, other centres and internet desk for over three years.
A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. ... Read More