Child Welfare Committee Archives

Delhi High Court issues directions for immediate financial assistance and recovery of back wages for rescued child labourers

“Benefits to labourers under Standard Operating Procedure formulated by Government of Delhi provided that Labour Department must immediately initiate proceedings for recovery of back wages from accused employers/owners, including wages for overtime in accordance with Minimum Wages Act, 1948.”

Case Briefs High Courts

Madras High Court directs DGP to identify cases involving consensual relationship amongst pending POCSO cases; Discontinues two-finger test and potency test

If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.

Case Briefs High Courts

[Minor impregnated by her own brother] Kerala High Court bats for ‘safe sex education’ in schools and colleges

Kerala High Court expressed that this happened because of the lack of knowledge about the safe sex. Minor children are in front of ‘internet’ and ‘google search’. There is no guidance for the children.

Case Briefs High Courts

No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court

Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.

Case Briefs Supreme Court

28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders

Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC calls for action against dilapidated condition of a District Child Protection Office in Chennai

The National Human Rights Commission recently called State Human Rights Commission Tamil Nadu and other authorities to act upon the dilapidated condition of District Child Protection Office, Royapuram.

Case Briefs High Courts

Allahabad High Court| Secretary of the High Court Legal Services Committee must ensure that POCSO victims are represented by diligent practitioners

Allahabad high Court: In a case under Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ Act), Ajay Bhanot, J.

Case Briefs High Courts

“Minor child interested in staying with natural parents only”; Telangana High Court directs Child Welfare Committee to handover the custody of minor child to natural parents, giving visitation rights to foster parents

Telangana High Court: While deciding a case, wherein, a writ of habeas corpus was filed seeking to direct the respondents

Case Briefs High Courts

Delhi High Court allows medical termination of pregnancy for a 16-year-old rape victim having foetus beyond 28 weeks

Delhi High Court: In a case seeking grant of medical termination of pregnancy by a 16-year-old rape victim (‘petitioner’), Yashwant Varma J.,

Case Briefs High Courts

Trafficked then thrown into prostitution; HC addresses plight of minor girl, directs District Judges to sensitize judicial officers about provisions of POCSO and JJ Act

Patna High Court: While addressing the plight of a minor girl who was first trafficked by her own maternal uncle and was

Case Briefs High Courts

All HC | Full Bench decides whether writ of Habeas Corpus will be maintainable against Judicial order or Child Welfare Committee’s order under J.J. Act? Decoded

Allahabad High Court: The Full Bench of Sanjay Yadav, Mahesh Chandra Tripathi and Siddhartha Varma, JJ., in a very significant ruling expressed

Tribunals/Commissions/Regulatory Bodies

Children with special needs buried neck-deep in compost pits to find cure of their deformities: NHRC issues notice to Karnataka Govt.

NHRC notice to Karnataka Government over practice of neck deep burying of children in compost pits to find cure for their deformities

Case Briefs High Courts

Ker HC | JJ Act: Welfare Committee must follow the fundamental principles enshrined in Section 3 while deciding custody applications

Kerala High Court: The Division Bench of K.Harilal and Annie John. JJ. allowed a revision petition filed by mother of a 15-year

Case Briefs High Courts

Kar HC | Mentally disabled child referred to Child Welfare Committee where family members were not capable of taking care of him

Karnataka High Court: The Division Bench of K.N. Phaneendra and K. Natarajan, JJ. allowed a habeas corpus petition filed by the maternal

Case Briefs High Courts

Benefit of doubt while determining the age by bone ossification test is to go in favour of the accused

Delhi High Court: A Single Judge Bench comprising of Sanjeev Sachdeva, J., allowed a criminal revision petition filed against the order of