Delhi Police forcibly take away 13-year-old girl; father claims rights violation

A 51-year-old man from North West Delhi has alleged that over 10 Delhi Police personnel on Tuesday “forcibly took away” his 13-year-old daughter, claiming the action was in “blatant violation” of law and “exceeded” directions issued by a family court in a child custody-related dispute.

The man said that he has lodged a formal complaint with the police, demanding action into the matter. “I called the police helpline 112 and registered my complaint regarding police excesses. They assured me to look into it. I also approached the child helpline no 1098. But I haven't got any assistance from anywhere yet,” he said.

While Bhisham Singh, DCP North-West Delhi, did not respond to the allegations, a senior officer with the Delhi Police said they are “looking into the matter”.  The child had been living with her father for the past three years following an order by the Child Welfare Committee (CWC). The father claimed that despite existing orders from a POCSO court and the CWC, a Family Court granted custody to the mother last week.

Recounting the Tuesday afternoon incident, the father alleged that around 2:30 PM, while he was with his daughter at a market, around “10 personnel, some in plain clothes, assaulted” him. He further alleged they “snatched his phone and forced him into a car” to prevent him from seeking help.

“They forcibly took the child to the CWC-West office, where she was kept in a closed room for about an hour. Subsequently, they dragged her into a car and informed me they were sending her to a children's home without providing a copy of the order or the name of the facility,” he alleged. He added that the child was “pleading not to be sent away”.

According to the father, the girl had previously filed a case under the Protection of Children from Sexual Offences (POCSO) Act against a family member residing with the mother. He maintained that she was under his “care with police protection as per POCSO provisions”.

The father argued that the Family Court order stipulated that the mother could request the CWC to retrieve the child safely with a lady police officer and a child counsellor. He noted that while the order allowed CWC to seek help from the local SHO if he created an obstruction, all actions were required to remain “within legal bounds”.

He further contended that the CWC must operate under the Juvenile Justice Act and cannot use force or coercion against a child's wishes, nor can it bypass an inquiry into the child's best interests. 

The girl has challenged the Family Court's custody order in the Delhi High Court, arguing that the lower court “did not have the power” to pass such orders regarding a POCSO victim.

“My daughter filed a petition seeking protection against coercive action. Arguments were partly heard on February 25, and the matter was listed for March 2. However, a notification on February 27 announced the courts would be shut for the week. The CWC and police did not wait for the High Court to resume and carried out this action on Tuesday,” the father said.