Kerala HC directs CWC to hand over child who faced sexual harassment back to parents

Kochi: The Kerala High Court has directed a Child Welfare Committee (CWC) here to hand over custody of a minor boy, who was allegedly sexually harassed by his cousin sister, to his parents saying that he would need their emotional support to overcome the trauma.

The high court’s order came on the parent’s plea challenging the committee’s decision to deny custody of the child to them for the reason that it could affect the criminal prosecution of the case.

The court noted that a crime has been registered for offences under Sections 363 (kidnapping) and 377 (unnatural offence) of the Indian Penal Code as well as provisions of the Protection of Children from Sexual Offences (POCSO) Act against the accused, including the 22-year-old cousin sister, who have been arrested.

“A crime has been registered and the police are investigating the case… the police have already made arrests in the matter. This court is of the view that the prayer made by the petitioner is liable to be considered.

“The victim, being a 14-year-old child studying in the 9th Standard, would require the emotional support of his parents to overcome the trauma. Therefore, it will be only in the interest of justice and in the interest of the future of the child that the custody of the child be given to the parents immediately,” the high court said.

However, as the investigation was going on, the court directed the parents to ensure that none of the accused are given an opportunity to contact the child so as to “subvert” the probe in any manner.

The committee will be at liberty to monitor the victim and if found necessary, arrange for counselling, the court said.

The 14-year-old boy, a student of Class 9, was sexually harassed by his 22-year-old cousin sister in February this year, leading to the committee accommodating him at a children’s home since February 10.

On March 16, the committee declined the parents’ request for interim custody of the child and against that order, they moved the high court.