Additional Sessions Judge (ASJ) Kamini Lau said CWC's decision to certify the child as free for adoption has deprived the minor of love, affection and company of her biological parents and also the father's right to rear his daughter in the manner she deserves.
"....Thereby depriving the father of the love of his own child and inflicting the pain of separation and deprivation on both the child and the parent which is not only a breach of statutory law but is an act of gross human rights violation," the court said.
The court's observations came on rape convict Bhola's plea for custody of his child born out of his illicit relation with his minor victim.
Bhola was held guilty by the court of raping a 14-year-old girl after "purchasing" her for Rs 20,000 in 2007 and confining her to his house for over three years during which he subjected her to slavery, torture and rape, leading to the birth of the girl child.
Bhola had sought custody of his child as her unwed mother, now 19, did not want to keep her.
While dealing with the plea, the ASJ came to know that the child was given away in adoption by the CWC.
More From This Section
Taking note of several irregularities and illegalities done by CWC, the court said that such incidents were happening frequently which was hampering trial in many cases.
"The poor in our country have as much right as do the rich and there cannot be two set of laws governing these two set of citizens i.E. One for the rich and another for the poor," ASJ Lau said.
The court said that it lacks jurisdiction to deal with the custody plea and directed that Bhola's applications along with other records of CWC be placed before District Judge O P Gupta tomorrow for hearing. (MORE)