Care for child doesn’t entitle custody: Madras HC

CWC members took custody of the child after an inquiry and handed her to a children’s home.

CHENNAI: Holding that mere submission of an application seeking adoption would not confer rights to take custody of an abandoned baby, a division bench comprising justices SM Subramaniam and M Jothiraman of the Madras High Court recently refused to order handing over custody of a baby who was found on a train and taken in by a couple. The baby is currently at a home for children.

The matter pertains to a habeas corpus petition filed by 47-year-old K Savithiri of Erode seeking custody of the baby girl whom she and her husband Ravi (54), claimed to have recovered from a running train on the way to Erode from Tirunelveli on February 20, 2023.

As the couple was childless, they grabbed the opportunity and had been taking care of the baby until the Child Welfare Committee (CWC) knocked their doors on August 19 for an inquiry following a complaint received by the Chief Minister’s Cell about a child racket.

CWC members took custody of the child after an inquiry and handed her to a children’s home.

The couple, citing its application pending with the Central Adoption Resource Authority since 2022, sought the court to give custody of the child. However, the court refused to accept the prayer.

“No doubt, they would have been emotionally attached and provided all facilities, including medical attention to the child. But that alone would not provide entitlement to the petitioner to claim the child as an adopted child,” the bench said.

“Mere submission of an application seeking an adoption would not confer any right to take custody of a child unilaterally and declare the said child as an adopted daughter,” the court stated.

It explained the best interest of the child includes its future, which has to be assessed by following the procedures and taking into consideration various factors. “Therefore, the procedures as contemplated under the relevant statutes are to be scrupulously followed for the purpose of adoption of a child,” the bench reasoned.

Dismissing the petition saying that court cannot directly order for giving a child in adoption, the bench said the respondent authorities shall take care of the child and initiate action to trace out the biological parents and declare fitness for adoption under the Juvenile Justice Act, 2015. Thereafter, they can consider allowing adoption of the child to eligible persons as per the procedures of Hindu Adoption and Maintenance Act, 1956.

Senior counsel John Sathyan appeared for the petitioner while additional public prosecutor R Muniapparaj represented the government.