The Calcutta High Court has directed the Child Welfare Committee (CWC) to return a minor child to the couple who had been caring for him since shortly after his birth, holding that the child did not fall within the statutory category of a “child in need of care and protection.”
Justice Krishna Rao passed the order on September 17, 2026, in W.P.A. No. 13525 of 2026, Smt. Aparna Das & Anr. v. The State of West Bengal & Ors.
The child, born prematurely on February 24, 2023, at M.R. Bangur Hospital, Kolkata, required treatment in the Special New Born Care Unit for around 25 days. The biological parents voluntarily handed the child to the petitioners, who thereafter cared for him and remained in his care and custody. A notarised Deed of Adoption was subsequently executed between the parties.
In February 2026, while seeking a birth certificate and intending to admit the child to school, the petitioners approached the Child Welfare Committee. The Committee took custody of the child and did not subsequently return him to the petitioners.
The petitioners argued that although the adoption procedure had not been followed, there was no allegation that the child had been abused, neglected, exploited, trafficked or otherwise harmed while in their care. The State, however, submitted that adoptions governed by the Juvenile Justice Act, 2015 and Adoption Regulations, 2022 must follow the prescribed statutory procedure.
The High Court examined the definition of a “child in need of care and protection” under Section 2(14) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court noted that the child was neither orphan nor abandoned and did not fall within that statutory category.
The Court also recognised that the adoption arrangement had not followed the prescribed legal procedure. It observed that the Child Welfare Committee exercises its powers only in relation to children in need of care and protection, as defined under Section 2(14) of the Act.
“As the child is neither ‘orphan’ nor ‘abandoned’ and does not fall in the category of ‘children in need of care and protection’ in terms of Section 2(14) of the Act of 2015.”
The Court further referred to the principles under Section 3 of the Act, including the best-interest principle, family responsibility, safety, positive measures and restoration.
Considering these principles, Justice Krishna Rao directed the Child Welfare Committee to hand over custody of the child to the petitioners on or before September 18, 2026, at 4:00 PM.
The Court also directed the Member Secretary of the District Legal Services Committee, South 24 Parganas, to seek reports from the petitioners on the welfare and progress of the child on a quarterly basis, starting from December 2026.
The Court clarified that the earlier adoption arrangement had not followed the proper procedure and directed the petitioners to approach the appropriate court for a declaration concerning their status as adoptive parents. The writ petition was accordingly disposed of.
Case Title: Smt. Aparna Das & Anr. v. The State of West Bengal & Ors.
Case Number: W.P.A. No. 13525 of 2026
Judge: Justice Krishna Rao
Decision Date: September 17, 2026
