The Tripura High Court has directed the state authorities to immediately release a minor girl who was allegedly kept away from her parents for nearly four months and hand her over to them, while seeking a response from the state government on the allegations.
The direction came during the hearing of a habeas corpus petition filed by the girl’s father. Advocate Purrosottam Roy Barman, appearing for the petitioner, said the minor, a resident of Gandacherra in Dhalai district, was allegedly taken from her home against the wishes of her parents and subsequently placed under the custody of the Dhalai Child Welfare Committee.
According to the petitioner’s counsel, the matter dates back to May 23, when several women allegedly assaulted the girl at her residence. Following the incident, her father lodged an FIR at Gandacherra Police Station.
The lawyer alleged that during the first week of June, police took the girl from her home despite objections from her parents and handed her over to the Child Welfare Committee.
The girl’s father subsequently approached the Dhalai District Magistrate, Sub-Divisional Magistrate and the Child Welfare Committee on several occasions, seeking the release of his daughter and restoration of her custody. However, he allegedly received no effective response, prompting him to approach the High Court.
During Wednesday’s hearing, the state authorities were asked to respond to the allegations. Roy Barman submitted that the state had not been able to demonstrate a valid legal basis for keeping the minor away from her parents.
A Bench comprising Chief Justice M.S. Ramachandra Rao and Justice S. Datta Purakayastha passed an interim direction for the girl’s immediate release from custody and ordered that she be taken to her home and handed over to her parents.
The counsel further alleged that the minor had been kept at a child care home in Abhaynagar, Agartala, under the custody of the Child Welfare Committee. He also alleged that mandatory provisions and procedures under the Juvenile Justice Act had not been followed.
The High Court has directed the state government to file an affidavit responding to the allegations. The broader questions raised in the habeas corpus petition, including the legality of the minor’s custody and the role of the officials concerned, will be examined at a subsequent stage of the proceedings.
The matter is scheduled to be taken up again in the second week of November.
