KOCHI: The Kerala High Court on Wednesday flayed the State Commission for Protection of Child Rights for ordering ‘psychiatric treatment’ to a woman who is legally fighting to get custody of her two minor children. The allegation was that her husband forcibly took away children from her custody saying the commission had ordered so.
A Division Bench comprising Justice K Vinod Chandran and Justice C Jayachandran observed: “We are of the prima facie opinion that the State Child Welfare Commission exceeded its jurisdiction. We hence, suo motu implead the Kerala State Commission for Protection of Child Rights as the additional respondent.”
The Bench also directed the commission to file an affidavit in explanation of the orders passed.
The court issued the order on a petition filed by Balakrishnan, of Kodungallur, seeking a directive to produce his daughter and two grandchildren in court. The Bench observed: “We are more distressed by the manner in which the State Commission for Protection of Child Rights proceeded in the matter.”
It was appalling that the commission thought it fit to direct the District Child Protection Officer (DCPO), to submit a mental status report of the persons. The DCPO submitted a report pointing out that the mother is very lean and that she wears five rudraksha chains and there are photographs related to Christian, Hindu and Islam religions in their house.
The mother also has the habit of cleaning the residential premises in the morning and evening. It was also reported that the mother and children were living without any social contacts. On the above grounds, the DCPO recommended that the welfare of the mother and children should be monitored with the assistance of the husband. The commission, based on the report of the DCPO, directed that psychiatric treatment be given to the woman, which was without jurisdiction.
The court cannot also, at first blush, accept the further orders passed putting the DCPO in charge of the children and directing him to approach the station house officer for appropriate treatment to be given to the family without any mental status examination by a competent doctor. More distressing is the fact that on the strength of this order, the husband along with 10 persons trespassed into the rented residence of his wife and forcefully took the children away.
The court directed the hospital authorities to produce the entire treatment records of the woman within a week. The court also allowed the woman and two children to go with the petitioner.
Denying justice
The woman has been legally fighting to get custody of her two minor children. The allegation was that her husband forcibly took away children from her custody saying the commission had ordered so.