HC flays Child Rights Commission’s order for ‘psychiatric remedy’ of mom preventing custody of minor youngsters

By Express News Service

KOCHI: The Kerala High Court on Wednesday flayed the State Commission for Protection of Child Rights for ordering ‘psychiatric remedy’ to a lady who’s legally preventing to get custody of her two minor youngsters. The allegation was that her husband forcefully took the kid from her custody below the guise of the order of the Commission.

A Division Bench comprising Justice Okay Vinod Chandran and Justice C Jayachandran noticed 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 additionally directed the fee to file an affidavit in rationalization of the orders handed.

The courtroom issued the order on a petition filed by Balakrishnan of Kodungallur looking for a directive to supply his daughter and two grandchildren in courtroom.

The Bench noticed 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 match to direct the District Child Protection Officer (DCPO), to submit a psychological standing report of the individuals. The DCPO submitted a report stating that the mom could be very lean and that she wears 5 rudraksha chains and there are pictures of Christian, Hindu and Islam religions of their home. The mom additionally is claimed to have the behavior of cleansing the residential premises within the morning and within the night. It was additionally reported that the mom and youngsters have been residing with out many social contacts. 

On the above grounds, the DCPO advisable that the welfare of the mom and youngsters ought to be monitored, with the help of the husband. The Commission based mostly on the report of the DCPO directed psychiatric remedy to be given to the lady, which was with out jurisdiction.

The courtroom can’t additionally, at first blush, settle for the additional orders handed placing the DCPO accountable for the youngsters and directing him to method the Station House Officer for applicable remedy to be given to the household with none psychological standing examination by a reliable Doctor.

More distressing is the truth that on the power of this order, the husband together with ten individuals have trespassed into the rented residence of his spouse and forcefully taken the youngsters away.

The courtroom directed the hospital authorities to supply the whole remedy information of the lady inside every week. The courtroom additionally allowed the lady and two youngsters to go along with the petitioner.

The Bench noticed that the writ petition narrates a tragic story of marital discord, from the very inception of the wedding and the spouse being evicted from the marital dwelling after giving delivery to 2 youngsters.

The mom and youngsters resigned to their destiny have been residing in a rental lodging when the husband relentlessly harassed them in a single method or different. The spouse filed an software for divorce earlier than the Family Court, Muvattupuzha and this provoked the husband who tried to painting the spouse as a psychological affected person, which so far was not profitable.

The courtroom has interacted with the lady and two youngsters together with a psychiatrist. On a particular question the youngsters have stated that their mom doesn’t have any psychiatric sickness and she or he has been very caring in direction of them.

​The physician additionally acknowledged that as of now, the lady doesn’t appear to be affected by any psychotic sickness and that her disturbed psychological standing as of now’s solely as a result of stress she has undergone in her life and the horrendous incident she was subjected to not too long ago, of forceful admission in a psychological establishment and separation from her youngsters.