Who owns the child?

Who owns the child, police department or the court or the child welfare committee or NGO or the child rights commission, Who Actually? It is difficult to say who is actually the guardian of the child, if the child abused by her own family member. A girl, child sexually abused by the father, on which emotionally she must have relied upon the most and who is supposed to be the caretaker of the child. By the brother, who is supposed to fulfill all the demands of his sister or by the person to whom the child knows best, residing as a neighbor of the family or by grandfather or by chacha, or by mama, or by uncle or anyother person. In approximately more than 90% of sexual abuse cases, the victim knows the abuser. This act crashes the trust of the child and makes her vulnerable for whole life. The financial dependency and society pressure is so high that it is difficult or almost impossible for the mother or other family member to raise voice against the perpetrator in the family. Even after loosing all the trust from all the quarters in the family sometime these girls show big courage and raise their voice against the brutality. They find someone to whom they can share their feelings and emotions, confront their pain and trust again. It could be her mother, friend, teacher, classmate, or any other person. And when abusive act comes in the public domain then the emotional scuffle turns into a legal battle.

From here, another journey starts. Who owns the child? Who would take stand for her? Who would defend her? Who would reinstate faith and trust in her towards life and society at large? The child meet police, NGO, Child Welfare Committee popularly called as CWC under (Juvenile Justice (Care and Protection of Children) Act, 2000) and shares her trauma with all them as if, she is revising the chapter from her book. She shows trust in all of them with the thought they might give justice to her. First Information report lodged and case comes up for the trial at session level. The girl has to stay at the children homes under the custody of Child Welfare Committee.

Ninety days, time for filing charge sheet in the Session Court, give ample amount of time to the family for pressurizing the victim. A child turns hostile and changes her statement. Court verdicts, the prime witness turned hostile, case disposed off and accused acquitted. Family members file an application for custody of the child. Without looking the gravity of the offence; session court pass order “custody should be given to relative of the child as child has also shown interest for going back in the family” “signature of the child also taken”. Irrespective of the fact that the child is going in the same abusive family environment but the custody order passed.

When relatives goes to Child Welfare Committee ask for the child, as the order passed by the session judge, it is difficult for the CWC to refuse it, irrespective of the fact that they have the authority to take the stand on the issue related with the child care, protection and rehabilitation. However, they do not take the stand and give the child to the family member where the abuser is also residing. They do not willing or interested in sharing the facts to the session court. It is a power structure, nobody wants think out of the box, wants to take risk and consider about the child’s trauma. If the child sent back in the same abusive family with the same abuser what will happen to her. Who will decide? Who is thinking about the child and who owns the child?
Prepared by: Vipin Bhatt HAQ: Centre for Child Rights