'He would need their emotional support to overcome trauma': Kerala High Court directs CWC to handover custody of child to parents

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

According to a news report in The Indian Express, the 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 prosecution's case.

The bench noted, “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.”

Court opined that the victim is a student of class IX and needs emotional support from the parents to recover from the shock.

"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," observed the court.

However, as the investigation is going on, 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,” Court further noted.

In the present case, 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.

The case was registered 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 cousin sister, who has been arrested.

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