Calcutta HC Overturns Adoption, Prioritizes Biological Parent Rights
In a significant ruling on August 6, the Calcutta High Court annulled the adoption clearance issued by the West Bengal Child Welfare Committee (CWC) for an infant found in distress. Justice Krishna Rao, presiding over the case, highlighted procedural lapses by the CWC, particularly the failure to involve the child’s biological mother in the proceedings before declaring the child ‘abandoned’ and eligible for adoption.
The Court’s decision mandates the adoptive parents to return the child to the CWC by August 7, as the case awaits a comprehensive re-evaluation. Justice Rao stated, “Considering the facts and circumstances mentioned above, the decision of the Child Welfare Committee dated 18th November, 2024, is set aside and quashed and consequently, all actions with respect to the custody of the minor, is also set aside and quashed.”
Case Background: Abandonment and Identity Dispute
The case began when a newborn was discovered injured in a passageway. Local residents facilitated the child’s transfer to the police and subsequently to a hospital. Soon after, a man claiming to be the father and a woman asserting her maternity rights approached the authorities, each seeking custody.
As the child’s parentage was initially contested, the CWC assumed temporary guardianship and facilitated the child’s placement with an adoption agency. The mother then sought legal recourse, prompting the High Court to order a DNA test, which confirmed her biological connection to the child.
Investigation Findings and CWC Decision
The police investigation revealed that the child’s grandmother had left him in the precarious location without the mother’s knowledge, leading to his injuries. The grandmother passed away during the investigation, with the police recommending closure of any charges against her.
Despite these findings, the CWC declared the child ‘abandoned’ in November 2024, arguing that the biological parents were incapable of providing care. The CWC’s decision was largely based on public notices and lacked direct engagement with the biological parents, a fact the High Court later criticized.
High Court’s Critique and Orders
The High Court identified several issues with the CWC’s handling of the case, including the absence of a formal inquiry before labeling the child abandoned. The CWC failed to assess the parents’ capability to care for the child or to conduct a social investigation, and crucially, did not consider the DNA evidence confirming parentage.
Under the Juvenile Justice Act, the CWC is obligated to exhaust efforts to locate parents before declaring a child abandoned. The Court underscored that the mother had been actively asserting her claim and had been recognized by the CWC as the biological mother.
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Additionally, the Court noted that no FIR should be filed against a biological parent during such inquiries, yet the CWC lodged a complaint against the mother prematurely.
Justice Rao emphasized that while the child’s welfare is paramount, it does not justify bypassing legal procedures or denying parents their right to be heard. Consequently, the Court nullified the CWC’s November 2024 decision and all related actions regarding the child’s custody.
The judgment instructs the CWC to conduct a new inquiry, ensuring the biological parents are heard, and to gather a report from the investigating agency before making a fresh decision within four weeks.
