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 forcefully took the child from her custody under the guise of the order of the Commission.
A Division Bench comprising Justice K Vinod Chandran and Justice C Jayachandran observed that "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 that "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 of Christian, Hindu and Islam religions in their house. The mother also is said to have the habit of cleaning the residential premises in the morning and in the evening. It was also reported that the mother and children were living without many 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 psychiatric treatment to 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 ten persons have trespassed into the rented residence of his wife and forcefully taken 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.
The Bench observed that the writ petition narrates a sad tale of marital discord, from the very inception of the marriage and the wife being evicted from the marital home after giving birth to two children.
The mother and children resigned to their fate were residing in a rental accommodation when the husband relentlessly harassed them in one manner or other. The wife filed an application for divorce before the Family Court, Muvattupuzha and this provoked the husband who attempted to portray the wife as a mental patient, which to date was not successful.
The court has interacted with the woman and two children along with a psychiatrist. On a specific query the children have said that their mother does not have any psychiatric illness and she has been very caring towards them.
The doctor also stated that as of now, the woman does not seem to be suffering from any psychotic illness and that her disturbed mental status as of now is only due to the stress she has undergone in her life and the horrendous incident she was subjected to recently, of forceful admission in a mental institution and separation from her children.