CHILD WELFARE COMMITTEE, BURDWAN
163, BELHATI ROAD, DHALDIGHIPAR, BURDWAN-713101
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.
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