The Calcutta High Court sets aside a CWC order declaring an infant abandoned, holding the committee held no inquiry and never heard the biological mother.
The Calcutta High Court on August 6 quashed the adoption clearance granted by the West Bengal Child Welfare Committee (CWC) for an infant found abandoned and injured in 2024, according to Bar & Bench. Justice Krishna Rao directed the adoptive parents to surrender the child to the CWC by August 7, pending a fresh inquiry.
The Court set aside the CWC's decision of 18 November 2024 and all actions with respect to the child's custody. LiveLaw reported that the order had declared the biological parents "incapacitated" and directed that the child be declared legally free for adoption, and that the High Court held the Committee had failed to conduct the mandatory inquiry under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Bar & Bench reported that the CWC never gave the biological mother an opportunity to be heard. It produced no record of an inquiry before declaring the child 'abandoned'. It relied on newspaper notices inviting claims and objections but issued no notice to either biological parent, and it was aware of the DNA report confirming parentage, the Court noted.
The case began when a newborn was found with multiple injuries in a narrow passage near a building. A man claimed to be the child's biological father and the mother claimed the child as hers. The CWC took custody and placed him with a specialised adoption agency. During the mother's High Court petition seeking his return, the Court directed steps to establish parentage, and a DNA test confirmed the woman and man as his biological parents. Police concluded no offence was made out against the mother and found that her mother had left the newborn in the passage.
The Court said the CWC could not conclude the parents were incapacitated merely because the child was found injured. It had to examine factors including their physical and mental health, history of neglect or abuse, financial circumstances and ability to care for the child, and no such assessment had been carried out.
