Bombay High Court- Absent dad can’t get access to child


 

By Rosy Sequeira, TNN | Jan 21, 2013, 03.59 AM IST

MUMBAI: A father who is absent cannot get the same rights as a father who
is available, said theBombay high court even as it recalled its order
allowing a man electronic access to his 12-year-old son.

On January 11, Justice Roshan Dalvi reviewed and set aside her October 2012
order allowing access to the child through video conference. The judge
noted that despite the video conference arrangement, the father remained
absent. Further, his whereabouts are not known except that he lives in the
Middle East. Justice Dalvi said he does not attend court, conducts
litigation through his constituted attorney and has not given his personal
address. “The father who refuses to show his presence cannot get the same
rights as a father who presents himself,” she said.

The couple married in September 1991. Their son was born in November 2000.
Subsequently, the man abandoned his wife and child in Saudi Arabia. In
August 2009, the husband filed for divorce through his constituted attorney
before the Pune family court. His application that his mother and
constituted attorney get access to the child was rejected by the FC in
March 2012.

On October 15, 2012, Justice Dalvi said access can be granted only to the
father who is the legal guardian and none other. She then directed that the
child will communicate with his father through video conference. Since the
Pune FC did not have video conference facility, it was arranged at the HC
on December 7, 2012. On that day, Justice Dalvi was informed that the
father’s advocate was absent as a relative was in hospital. The judge said
even if the advocate was absent, the father could have been told to remain
present at the video conference. His Skype identity was also not provided.
The wife’s advocate Flavia Agnes said the entire exercise was to harass the
wife and child who live in Pune.

She said the father has been abusive towards the child who is medically
fragile. “The wife’s contention that the exercise was only for the
harassment of the child is seen to be correct,” said Justice Dalvi. She
said the husband failed to avail of the opportunity granted by the court
and his conduct has proved his wife’s contention.

“The prejudice in respect of the access by video conference is seen from
the fact that it is too cumbersome to afford the father the luxury and
facility of electronic access when he is not available for personal access
and has not claimed any such access in the light of the fact that for an
unjustifiable excuse, the father remained absent and the child was made to
undergo the agony,” concluded Justice Dalvi.

 

Immediate Release- Norwegian child confiscation case


CHILD WELFARE COMMITTEE, BURDWAN

163, BELHATI ROAD, DHALDIGHIPAR, BURDWAN-713101

PRESS RELEASE

8 November 2012
The Child Welfare Committee of Burdwan (CWC) has today passed interim
orders for release of the siblings Abhigyan Bhattacharya (4 yrs) and
Aishwarya Bhattacharya (23 months) from foster care and restoration to
their mother, Smt. Sagarika Chakraborty.

With the help of a panel of experts, we have evaluated the children,
their condition in the foster home and the capability of their mother
to care for them. We have found the mother to be fit to take care of
the children and their foster carer to have failed in his duties
towards the children.

The care of Abhigyan and Aishwarya is governed by Indian law by virtue
of their residence in India and the agreement under which the children
were given in foster care to their paternal uncle. Under Indian law,
foster care is a temporary measure with the aim of restoration of
foster children to their parents wherever possible. Notwithstanding
any agreements or court orders as to foster care, the Child Welfare
Committee is duty bound to change the foster carer or restore foster
children to a parent if continuation in foster care is no longer
necessary or beneficial for them. Foster children have a right to the
love and care of their parents, if the parents are able to raise them.
In this case, the father does not reside in India and the children are
being restored to the mother as the parent present in India.

The Norwegian orders under which the children were released to foster
care of their 26-year-old bachelor uncle do not justify an absolute or
permanent separation of the children from either of their parents. Our
findings as to the fitness of the mother and her interaction with the
children at visitations arranged by us establish a reasonable basis
for giving an opportunity to the children to be re-united with their
mother. We are keeping the case open for further review once the
children re-commence life with their mother.
We were unable to take charge of the children today for handover to
their mother owing to unavailability of police assistance to control
an unruly mob that had gathered around the foster home. We have
ordered police to ensure law and order so that the children can be
peacefully handed over at the earliest.

WATCH THE VIDEO BELOW

Why did they take my children away

 

Jharkhand- 300 tribal children march to Raj Bhavan to save their Land


Children’s plea to Governor: Don’t take our land to build IIM

 

By Newzfirst Correspondent5/8/12

RANCHI – More than three hundreds of tribal children today marched to the Raj Bhavan demanding immediate intervention to stop the ongoing forceful land acquisition by state government to build the Indian Institute of Management and National University for Study and Research in Law (NUSRL) campuses.

The march has come out as the part of Kakenagri villagers struggle to save their fertile agricultural land that is being acquired forcefully by government of Jharkhand to build Indian Institute of Management and National University for Study and Research in Law (NUSRL) campuses.

Children of age 5 to 13 years belonging to the victim families in their hand-written memorandum to the Governor appealed, “We the small children of Kakenagri village are very much worried to see our parents struggling to protect the agricultural land. It is being taken away forcefully from them at the gun point.  Lands are source of livelihood for us. Because of this land they are able to feed us and able to send us to schools. We request you to kindly stop the acquisition.”

Read more here

 

Abandoned by mother, child forced to stay in psychiatry institute


30-Apr-2012

Preetu Venugopalan Nair
PANAJI: Abandoned by his mother, a 15-year-old boy has nowhere to go and is forced to stay at the institute of psychiatry and human behavior (IPHB), as authorities at the state run home for children, Apna Ghar, are refusing to accept him.
The doctor treating the boy at IPHB certified him fit to be discharged almost a fortnight ago. The boy had been detected with conduct disorder and treated for this at IPHB.
Sources said Apna Ghar authorities are refusing to accept the child stating that conduct disorder is a “mental illness” and the boy should be kept at IPHB and not Apna Ghar. The doctor treating the boy has now written to CWC (South) stating that most Apna Ghar inmates show signs of conduct disorder and the child needs to be kept at Apna Ghar, not IPHB.
Confirming receiving the letter, CWC (South) chairperson Martha Mascarenhas said, “We are concerned about the boy’s safety and welfare and are worried that if brought to Apna Ghar his situation may worsen. Also we have to look into the other children’s safety. We are in talks with two homes in which to lodge the boy. In case he is not taken in by either of these homes, he will be brought back to Apna Ghar. We don’t want the child to be troubled anymore.”
She added, “I had met him in IPHB and the tears in his eyes shattered me. I don’t want the child to continue staying with adults in IPHB. The child is special and he needs care and love.” CWC looks into issues of children in need of care and shelter lodged in the state run home.
The minor was referred to IPHB after he, along with two other children, went on a rampage and vandalized the child welfare committee’s (CWC) offices and the dormitory in February this year. The child was allegedly upset as he was kept in a separate room and not allowed to interact with other children in the home.
Psychiatrists said conduct disorder is a psychological problem diagnosed in childhood and juvenile delinquents. “Most of the children in Apna Ghar come to IPHB with such a problem,” a psychiatrist at IPHB said.
CWC claims that on the psychiatrist’s advice, they are trying to arrange some employment for the minor boy. “The doctors have said he needs to be occupied with some job so that it can bring in a change in his life and attitude. I have spoken to NGOs ARZ and SCAN to help the boy get a job,” added Mascarenhas.
When contacted, ARZ representative Arun Pandey said, “This amounts to child labour. What the child requires is care and protection and not employment. He seems to be in a no man’s land in the most child friendly state in India, with Apna Ghar and even NGOs neglecting him.”

NCPCR draws guideline to eliminate corporal punishments


Deutsch: Historische Federzeichnung einer schu...

Image via Wikipedia

 

Aarti Dhar,TheHindu

Suggests Corporal Punishment Monitoring Cells in every school

With the number of incidents of schools practicing corporal punishments showing an increase, the National Commission for Protection of Child Rights (NCPCR) has asked the schools to constitute special monitoring cells to take prompt action in cases of physical punishment or harassment of children.

The NCPCR guidelines on elimination of corporal punishment, unveiled here on Monday to mark the foundation day of the child rights panel suggest that Corporal Punishment Monitoring Cells (CPMCs) should hear grievances related to corporal punishment, child sexual abuse, mental harassment and discrimination without any delay and should forward recommendations to district level authorities within 48 hours of the occurrence.

The panel has suggested that school boards should ask the schools affiliated to them to ensure “corporal punishment-free environment” that would be one of the conditions for granting affiliation or recognition while practice of physical punishment or mental harassment should be one of the grounds for withdrawal of affiliation, it said.

The guidelines suggest that school teachers should provide a written undertaking that they would not engage in any action that could be construed as amounting to physical punishment, mental harassment or discrimination.

It also says that schools should have annual social audits of physical punishment, harassment and discrimination. The guidelines suggest that results of the audit should be made public before start of every new academic year.

All schoolchildren should be informed through campaigns and publicity drives that they have a right to speak against physical punishments, mental harassment and discrimination.
Aarti Dhar, The Hindu
The NCPCR constituted comprehensive guidelines following a detailed study which was conducted in 2009-10 involving 6,632 children across seven States that showed that 6,623 children had reported experiencing some kind of punishment. As many as 81.2 per cent children had been subject to outward rejection by being told that they were not capable of learning or some other kind of verbal punishment.

Based on the findings of the report the NCPCR experts have come out with guidelines which stress on “positive engagement” with children.

The guidelines advise teachers to pay positive attention to children and appreciate good efforts while ignoring minor lapses. They also lay down that life skills education should be made a part of school curriculum and should address issues of self esteem, aggression, drug abuse, decision making, coping with stress and others.

The guidelines also suggest that school authorities should hold meetings with parent-teacher bodies on the guidelines and decide which procedures they should adopt to protect children and their rights in schools.

Speaking on the occasion, the NCPCR chairperson Shantha Sinha said that the “Commission has brought together some of the best minds and experts to draft its guidelines on corporal punishment.”