HC sets aside appointment of Child Welfare Committee member

While laying emphasis on the importance of careful selection of Child Welfare Committee (CWC) members, the Kerala High Court has said that they should be actively involved with issues facing children, be it their health, education or welfare.

Referring to the Juvenile Justice (Care and Protection of Children) Act, the court observed that the seven-year experience for selection as CWC member can be counted only if the person was actively and predominantly involved in child-welfare measures. Reiterating the need for a sensitive approach to children, the court said the committee’s members must have a deep understanding of matters concerning children. In this context, a person who lacked ground-level experience may hinder its effective functioning.

Protective mechanism

The JJ Act is more than a legal framework and is a protective mechanism for vulnerable children. In such a situation, CWC members take critical decisions on the shelter, adoption, foster care and repatriation – decisions that shape young lives. The selection authority must thus give primacy to candidates having genuine, direct experience in child-protection work, psychology, rehabilitation programmes and law enforcement, the court added.

These observations were made while considering an appeal petition by C. Krishnankutty Nair that challenged the appointment of Alan Alexander, a physiotherapist who did not have the requisite seven-year active experience in child-welfare measures, as a member of the CWC, Kollam.

Contending that he obtained documents regarding Mr. Alexander’s qualifications under the RTI Act, Mr. Nair said there was nothing to show that he had the requisite experience in child-related fields. Setting aside Mr. Alexander’s appointment, the court ruled that it can interfere in the selection process as Mr. Alexander, who had 24 years experience as physiotherapist, did not have the requisite active experience in child-welfare measures.

Directive to CWC

The selection committee has glossed over the crucial aspect regarding the necessity of having been actively involved in these activities, it said and directed the CWC to issue orders to appoint the appellant who had the necessary qualifications, as a member. The JJ Act also insisted on CWC members having a degree in among others, child psychology or psychiatry or law or social work or sociology or human development or special education.