The HC observed she was placed in a childcare facility without following Juvenile Justice Act procedures
The court noted state counsel failed to provide a valid CWC inquiry order under Section 33(1) of Juvenile Justice Act. Ruling the action inconsistent with Articles 14 and 21 of India’s Constitution, the court instructed respondents to return the child immediately and file a counter-affidavit. The next hearing is on Nov 11.
Agartala: High Court of Tripura directed state govt to promptly return a minor girl, detained in an Agartala home for three months, to her parents. In June, a group of women assaulted the minor, accusing her of indulging in social disorder. Das lodged a police complaint identifying the attackers, but police took no action and instead moved the girl to a police station. A sub-divisional magistrate later sent her to a juvenile home. However, the bench found the actions of the magistrate, police and Dhalai district Child Welfare Committee (CWC) improper. The bench remarked that removing a child based on unverified allegations without complying with legally established procedures was arbitrary and unlawful. Petitioner’s advocate Purushottam Roy Barman demanded compensation and action against accountable officials.
Following court directions on Thursday, social welfare officials handed over the girl to her parents in Gandacherra, Dhalai district.