The Child Welfare Committee jurisdiction Juvenile Justice Act issue came under scrutiny before the Nagpur Bench of the Bombay High Court. The Court ruled that a Child Welfare Committee (CWC) cannot remove an adopted child from adoptive parents unless the child falls within the categories defined under the Juvenile Justice Act, 2015. The Bench held that the committee exceeded its statutory powers and ordered the immediate return of the child to her adoptive family.
Court Defines Limits of CWC Powers
A Division Bench comprising Justices Urmila Joshi-Phalke and Nivedita Mehta heard the case ABC & Anr. v. CWC & Ors.
The Court clarified that a CWC can exercise jurisdiction only over children who qualify as orphans, abandoned children, or children in need of care and protection under Section 2(14) of the Juvenile Justice Act. Since the minor did not fall into any of these categories, the committee had no authority to remove her from her adoptive parents.
Background of the Dispute
The dispute arose from a habeas corpus petition filed by a couple from Chandrapur district, Maharashtra.
In 2020, the couple took a six-day-old girl into their care with the consent of her biological parents, who already had three children. The parties executed a notarized adoption deed under the Hindu Adoptions and Maintenance Act, 1956. The child lived with the adoptive family for several years and attended school under their family name.
Committee Removed the Child
In May 2024, an NGO representative visited the family’s home. Soon after, the Child Welfare Committee declared the adoption invalid.
The committee briefly took custody of the child before returning her after declaring the adoptive parents “fit persons.” However, on June 5, 2024, officials again took custody of the child during a scheduled appearance. They later prevented the parents from meeting or contacting her, prompting the couple to approach the High Court.
High Court Examines Adoption
The Court observed that the notarized adoption deed did not create a legally valid adoption under the Hindu Adoptions and Maintenance Act. It also noted that the parties had not followed the procedures prescribed under the Juvenile Justice Act and the Central Adoption Resource Authority (CARA).
However, the biological parents appeared before the Court and confirmed that they had voluntarily given the child in adoption.
Court Quashes CWC Orders
The Court found that the child was neither orphaned nor abandoned. It also held that she did not qualify as a child in need of care and protection under Section 2(14) of the Act.
Therefore, the Child Welfare Committee jurisdiction Juvenile Justice Act provisions did not authorize the CWC to retain custody of the child. The Bench quashed the committee’s orders dated May 27 and June 5 and directed the authorities to immediately restore the child to her adoptive parents.
Legal Representation
Advocate Nihalsing B. Rathod represented the petitioner parents, while Additional Public Prosecutor Amit Chutke appeared for the Child Welfare Committee.
