Ms. X (Victim Girl) v. The State (The Union Territory Of The Andaman And Nicobar Islands) And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR *** WPA(H)/1/2023 Ms. X (Victim Girl) Vs.
The State (The Union Territory of the Andaman and Nicobar Islands) and others Mr. D.C.Kabir Mr. S.Ajith Prasad ... for the petitioner Mr. Sumit Karmakar Mr. S.C.Mishra ... for the State Mr. Ravi Shankar ... for the respondent no.3 August 23, 2023 [SR] Item No.7 This is a writ petition for praying for issuance of writ of Habeas Corpus by a minor victim girl represented by her mother. The petitioner is approximately 17 years 7/8 months. She is presently in the Balika Niketan. Learned advocate for the petitioner relies upon the letter allegedly written by the victim child mentioning that she intends to go back to her mother and reside with her. She has also mentioned that she was unable to concentrate on her studies and has been forced to stay there based on some confusion.
It appears from the documents annexed to the writ petition and the submissions made on behalf of the parties that the petitioner is a victim at the instance of one of her uncles. A proceeding under POCSO Act is pending before the
Court below. The petitioner is in the said shelter home from 2nd June, 2022.
Submission has been made that the petitioner should be handed over to the custody of her mother as she has herself expressed her intension to go back to her mother. A report was called for and the same has been filed by the Chairperson, Child Welfare Committee, South Andaman dated 18th August, 2023 wherein it has been mentioned that the child was provided with safe shelter at Balika Niketan by order of the Child Welfare Committee.
On 14th June, 2022, the father of the child along with relatives approached the Committee to meet her. The father was allowed to meet the child.
On 01.09.2022, the mother of the victim child approached the Committee to take the child on leave but the request was rejected by the Committee. The mother was, however, permitted to meet the child. The mother met the child for nearly seven occasions.
The report mentions that the parents of the child are separated and the mother is living in a second marriage. The case is a high profile one and the accused is very influential being the Pradhan of the area. The mother, at the influence of the accused, is trying to release the child from the welfare home.
The Committee has made sure that all the facilities are provided to the child for her psychological well being and academic growth. The team counselors and social workers from the Committee are in continuous touch with the girl and a full time counselor is already present in the shelter home. Upon hearing the parties and upon perusal of the report filed by the Chairperson, Child Welfare Committee, we are not convinced with the submissions made on behalf of the petitioner that she is required to be released from the welfare home at this stage.
The child will attain majority within a couple of months. She will be entitled to take her own decision on attaining majority. At this stage, issuance of a writ of Habeas Corpus is not warranted in the facts and circumstances of the present case.
In view of the above, no relief can be granted to the writ petitioner. The writ petition fails and is hereby dismissed. The Chairperson of the Child Welfare Committee is directed to ensure that all protection and measures are taken for psychological well being and academic growth of the child during her stay in the shelter home.
Learned advocate representing the respondent authorities submits before this Court that in usual course the mother is permitted to meet the child in every Sunday in the presence of the members of the Balika Nikaten.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J. ) ( Ananya Bandyopadhyay, J.)