Court Rules Committee Overstepped Its Jurisdiction, Child Does Not Qualify as 'In Need of Care and Protection'
In a significant judgment, the Jammu and Kashmir High Court has set aside an order issued by the Child Welfare Committee, Srinagar, which had recommended legal action against Oasis Girls School, Gogji Bagh, for allegedly expelling a minor child unlawfully. The High Court, presided over by Mr. Sanjay Dhar, J., ruled that the Committee had exceeded its jurisdiction as the child in question does not fall under the statutory definition of a "child in need of care and protection."
The case arose when the father of the minor, identified as Ms. XXX, filed a complaint alleging that his six-year-old daughter was expelled from Oasis Girls School and another institution due to his actions in reporting irregularities by the schools. The father sought the child's admission into another prominent school nearby. The National Commission for Protection of Child Rights (NCPCR) had directed the Child Welfare Committee to investigate the matter.
The Committee concluded that the child was expelled illegally and faced discrimination due to her father's activities. It subsequently recommended the child's admission into a local school and urged the authorities to take legal action against the schools involved.
However, the High Court found that the Committee acted outside its legal boundaries. The court underscored that the Juvenile Justice (Care and Protection of Children) Act, 2015, defines a "child in need of care and protection" as one who is neglected, exploited, or vulnerable, lacking parental or guardian care. The minor's father actively participated in her welfare, eliminating her from this category.
The judgment referenced the Supreme Court's decision in "Exploitation of Children in Orphanage in the State of Tamil Nadu v. Union of India," where the broader interpretation of children requiring care was discussed. However, the High Court noted that this interpretation should not extend to children well cared for by their guardians.
Additionally, the High Court highlighted that the Committee's powers under Section 29 of the Juvenile Justice Act are confined to the care and protection of children in need, not recommending punitive actions against institutions. Thus, the Committee's recommendations were deemed beyond its legal competence.
The judgment reinforces the legal boundaries within which Child Welfare Committees operate, emphasizing that actions must adhere strictly to statutory definitions and jurisdictional limits.
Bottom Line:
Juvenile Justice (Care and Protection of Children) Act, 2015 - Child Welfare Committees cannot assume jurisdiction beyond the scope provided under the Act. A child having a parent or guardian taking adequate care cannot be classified as "child in need of care and protection".
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Section 2(14), Sections 27, 29, 30
