Moral bias of Child Welfare Committee should not influence its order: HC

Observation made while quashing an order of the Thodupuzha Child Welfare Committee allowing the handing over of a one-year-old child of a woman who is living with her lover to her husband

The Kerala High Court has observed that the moral bias of the Child Welfare Committee (CWC) should not reflect in its order and that the only concern of the committee should be the best interest of the child.

Justice V.G. Arun made the observation recently while quashing an order of the Thodupuzha Child Welfare Committee allowing the handing over of a one-year-old child of a woman who is living with her lover to her husband. Counsel for the women contended that the decision of the CWC is based on the moral perception of its members rather than judicial reasoning. Therefore, the CWC had exceeded its powers by issuing the impugned order.

The court observed thatthe only concern of the CWC should be the best interest of the child. That the mother of the child has chosen to live with a person other than her husband is not the committee’s concern. Judged by the moral standards of the members, the petitioner may not be a good person, but that does not make her a bad mother. Personal moral values always result in biased judgments. Unfortunately, the order reflects nothing other than the moral bias of the committee members.

Right to breastfeed

The court also added that severance of a one-year and four- month-old baby from its mother violated her right to breastfeed the baby and that of the baby to be breastfed, such right being a facet of right to life under Article 21 of the Constitution. The court added that it is disheartening to note that by reason of the order, the baby has been separated from the mother for the past almost one month, denying the care, comfort, and love which is most crucial at this stage.

Published - October 27, 2024 06:38 pm IST