Mumbai SHRC Dismisses Complaint in Child Custody Case, Cites No Human Rights Violation | Representative Image
Mumbai: The State Human Rights Commission (SHRC) has dismissed a complaint filed by a Rajasthan-based individual, who alleged that the Maharashtra Police and the Child Welfare Committee (CWC) violated the human rights of his three minor daughters by attempting to take custody of them despite a High Court order granting him guardianship.
The matter was heard via video conferencing, with the applicant’s advocate appearing before the Commission through the virtual mode.
According to case details, the three girls were among 45 children who were rescued after the NRI Coastal Police filed an FIR against the pastor of the Bethal Gospel Ashram School, following a complaint registered by the Thane District Women and Child Welfare Department on allegations of molestation. GPlus has accessed a copy of the order passed by the SHRC on April 2.
As per the order, the advocate representing the complainant argued before the Commission that the police, allegedly acting on instructions from the Child Welfare Committee, sought to forcibly take custody of the minor girls from Rajasthan after they had been released by the Hon’ble High Court in a habeas corpus petition. She contended that the girls were illegally detained on two occasions — once during a raid at the Bethal Gospel Home, an orphanage in CBD Belapur, and again after the High Court’s order.
According to the advocate, the complainant claimed that the children were subjected to undue pressure and repeated medical examinations in an attempt to extract statements implicating the orphanage’s pastor in acts of sexual abuse. However, statements recorded under Section 164 of the CrPC did not mention any offences under the Protection of Children from Sexual Offences (POCSO) Act.
The complaint further alleged that individuals posing as police officers arrived in Rajasthan in August 2022 to take custody of the children under the pretext of summoning them as witnesses. The advocate requested that the SHRC restrain Maharashtra Police from making further attempts to take custody and direct the payment of compensation for the alleged violation of the children’s and the father’s human rights.
However, after hearing all parties and reviewing the official reports, the Commission rejected the complaint. The SHRC noted that the initial FIR had been lodged by Child Protection Officer Pallavi Jadhav, based on a report from the Yuva Child Helpline, which disclosed the commission of a cognizable offence at the Bethal Gospel Ashram School. An inspection by the CWC revealed serious lapses at the facility, including an alleged case where a minor girl became pregnant after a sexual assault.
The police have since registered multiple FIRs under IPC Sections 354 and 354(A), as well as Section 8 of the POCSO Act. It was also revealed that, during the investigation, allegations emerged that the accused used to apply Vicks on the children’s chest and stomach.
The Commission observed that the case is already under judicial scrutiny and is proceeding under relevant provisions of criminal law and the Juvenile Justice Act. It concluded that, since the matter is pending before a competent court, the SHRC has no jurisdiction to intervene.
