High Court Intervention Secures Custody of 14-Year-Old Survivor and Her Infant to Parents

High Court Intervention Secures Custody of 14-Year-Old Survivor and Her Infant to Parents

Panaji: In a significant intervention safeguarding the rights, dignity and welfare of a 14-year-old minor sexual-assault survivor and her one-month-old infant, the Bombay High Court at Goa intervened in a writ petition pursued by Adv. Leona Barreto on behalf of the minor’s mother, challenging the Child Welfare Committee’s decision to retain the minor and her infant in institutional care.

Adv. Barreto brought to the Court’s attention serious concerns regarding the manner in which the case was being handled, including the fact that the investigation involving a minor girl survivor was being conducted by a male Police Sub-Inspector attached to Anjuna Police Station. Following the High Court’s intervention, the investigation was transferred to the Women Police Station/Cell at Panaji, with PI Mira D’Silva being entrusted with the investigation.

Considering the sensitive circumstances and the welfare of both the minor mother and her infant, the High Court thereafter directed that they be temporarily accommodated in a nun-run protective institution at Aldona catering to vulnerable women/single mothers, pending a final decision regarding restoration to the family.

Thereafter, on 10 August 2026, the High Court directed the Child Welfare Committee (CWC) to immediately reconsider the earlier decision retaining the minor in institutional care and to pass appropriate orders for restoration of the minor girl and her infant to the care and custody of her parents.

Consequent upon the High Court’s directions, the CWC passed an immediate final order restoring the minor to the custody and care of her parents under Section 37(1)(b) of the Juvenile Justice (Care and Protection of Children) Act, 2015, after considering the suitability of the parents, the wishes and best interests of the child and the Social Investigation Report.

Adv. Leona Barreto, who pursued the matter for the minor’s mother, welcomed the High Court’s intervention, stating:

“A child who is a victim must be protected, but protection cannot become further punishment through unnecessary separation from her family. The High Court’s intervention ensured that the minor’s dignity, welfare and right to parental care remained paramount, while at the same time ensuring that the sensitive investigation is handled by the appropriate women police machinery.”

The case highlights the important constitutional role of the Bombay High Court at Goa in protecting vulnerable children against arbitrary institutionalisation and ensuring accountability of child-welfare and investigating authorities, while reaffirming that the best interests of the child must remain the paramount consideration in every decision affecting her custody, rehabilitation and future.