The Punjab and Haryana High Court has criticised Child Welfare officials in Haryana for failing to conduct a proper safety assessment before handing over the custody of a 17-year-old girl to her relatives, despite her allegations of harassment and threats. Justice Vinod S. Bhardwaj expressed “strong dissatisfaction” with the manner in which the Child Welfare Officer acted, observing that their decisions reflected a lack of rationality, sensitivity, and proper application of mind, and ‘deviation from the objectives of the Juvenile Justice Act, 2025.’
The petitioner had earlier filed a Habeas Corpus Writ Petition before the High Court through her “next friend”, after alleging neglect and ill-treatment by her mother following her father’s death. The Court, after going through the report of the Child Welfare Officer, Nuh, noted that the District Child Welfare Officer had rescued the girl and she was in the protective custody.
However, vide this petition, portioner contended that she was subsequently handed to her uncle without her consent, wherein she was subjected to greater harassment, as a result whereof she again ran away from their house. Petitioner submitted that this is contrary to the safeguards required under the Juvenile Justice (Care and Protection of Children) Act, 2015.
On 24 September 2025, the Court had ordered that she be housed in Aashiana & Snehalaya for Girls, Sector-15, Chandigarh, at her request, pending a detailed response from the Haryana Government on safeguards for children placed with guardians or in shelter homes. The State was also directed to provide data on children who had gone missing from such homes in the past five years.
When the matter was taken up on 12 November 2025, the petitioner, who meanwhile turned 18. appeared in Court and expressed her desire to continue residing with Jaswant Singh, with whom she intends to marry. She reiterated that she still faces a threat from her relatives and wishes to stay in Chandigarh for some time.
Taking note of her statement, the Court directed the Senior Superintendent of Police, Chandigarh, to ensure adequate protection to her if she resides within the Union Territory. It also ordered that a copy of the order be sent to the Additional Chief Secretary, Women and Child Welfare Department, Haryana, for appropriate action against officials of the Child Welfare Committee for failing to exercise due sensitivity and proper application of mind in assessing a child’s safety and welfare.
The Court further recorded that the State had still not filed the affidavit required under its earlier directions. Granting one last opportunity, the Bench listed the matter for 12 December 2025, subject to the deposit of ₹25,000 in costs by the office of the Director, Social Welfare. The State is free to recover the amount from the erring officials.
Appearances
For the Petitioner: Mr. Karanveer Singh, Advocate
For State of Haryana: Mr. Vivek Chauhan, Additional Advocate General
For Respondent No. 8: Mr. H.N. Sahu, Advocate
For U.T. Chandigarh: Mr. Abhinav Sood, Advocate; Mr. Arav Gupta, APP
