Punjab and Haryana High Court Criticizes State's Failure in Protecting Minor's Welfare

Court Orders Relocation of Minor to Chandigarh Due to Inadequate Protection in Haryana

In a significant judgment, the Punjab and Haryana High Court has criticized the State of Haryana for failing to provide adequate protection and welfare to a minor under the Juvenile Justice (Care and Protection of Children) Act, 2015. The case, CRWP-10412 of 2025, involved Khushbu, a 17-year-old petitioner who expressed fears for her life and liberty due to alleged neglect and harassment by her family. 

Presided over by Justice Vinod S. Bhardwaj, the court addressed the shortcomings of the Child Welfare Committee in Haryana, which failed to carry out a proper assessment of the child's needs, thus exposing her to potential danger. This failure necessitated the relocation of Khushbu to a children's home in Chandigarh, despite her initial custody being handed over to her uncle without her consent.

The judgment highlighted the State's abandonment of responsibility, emphasizing the need for a sensitive and rational assessment of children's safety and welfare under the Juvenile Justice Act. The court ordered the Senior Superintendent of Police, Chandigarh, to ensure the safety and security of Khushbu within the jurisdiction of the Union Territory.

The court was dissatisfied with the delay in filing a report by the Director of Women and Child Development, Haryana, and imposed a cost of Rs. 25,000 on the office for non-compliance. The State was given the liberty to recover this cost from the officials responsible for the delay.

The case, which underscores potential systemic issues in the welfare mechanisms for children in Haryana, will be revisited on December 12, 2025, to ensure compliance with the court's directions.

Bottom Line:

Protection of life and liberty of a minor - Juvenile Justice (Care and Protection of Children) Act, 2015 mandates sensitive and rationale assessment of child's safety and welfare - State's failure to ensure adequate protection and welfare mechanism criticized.

Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015

Khushbu (Minor) v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2808610