Karnataka High Court issues guidelines to be followed by CWCs

On Thursday, the Karnataka High Court laid down guidelines to be followed by Child Welfare Committees (CWCs) when parents/ guardians surrender their children under Section 35 of the Juvenile Justice (Care and Protection of Children) Act, 2015 [JJ Act].

The court said that proper identification has to be conducted by CWCs and the genuineness of the parents who wish to surrender their children must be checked.

Section 35 enables a parent or guardian to surrender a child before the CWC on the ground of physical, emotional and social factors beyond their control.

Further, CWC must conduct a process of inquiry and counselling, and if it is satisfied, a surrender deed can be executed by the parent or guardian before the CWC.

Since, there was no guidelines framed by theto regulate the process so the Court proceeded to lay down the some guidelines.

A PIL petition was filed by NGO Letzkit Foundation highlighting the “unfortunate” incident of abandonment of a two-week-old child by the parents who in their twenties was in live-in relationship.

After the birth of the child they left him to their one of the friends, who subsequently intimated the incident to the police.

Inspite of the attempts to convince them during in-camera proceedings earlier, the parents decline to take care of the baby.

Currently, the child is being taken care of by an NGO.

Moreover, The Court also directed the State government to frame rules under Section 35 of the Juvenile Justice Act, within three months.

Next matter will be heard on September 28.

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