Neither ASCPCR nor CWC can take the side of any party, we have to go by the law and see for the best interest of a child: ASCPCR
Singer Kalpana Patowary has landed into a fresh controversy for a family matter. After the demise of her sister, the brother-in-law of Kalpana desires to take the responsibility of their 7-year-old daughter. But, reportedly Kalpana and her family refused to hand over the girl to him and alleged that the girl does not want to go with her father.
As per reports, few days ago a man named some Partho Mahanta submitted an application to Assam State Commission for Protection of Child Right (ASCPCR) saying that he is a resident of Guwahati working at Bangalore having a 7-year-old daughter and wife.
His wife had died of heart attack on 3rd of September. He brought the body to Guwahati for funeral and kept the child with grandparents.
When the father wanted to go back to Bangalore along with his daughter and his mother to look after his daughter, the family members refused to hand over the girl to him by saying that the girl does not want to go with her father. Partho Mahanta wrote in the complaint that instead of handing over the girl to him they physically assaulted him. So he lodged an FIR in Dispur Police station complaining against maternal aunt’s and uncles of the child including Kalpana Patowary.
The ASCPCR wrote a letter to the Police Commissioner to take necessary action to rescue the child and verbally instructed CHILDLINE to rescue her.
On the other hand, Kalpana Patowary alleged that the Chairperson of Assam State Commission for Protection of Child Right (ASCPCR) Dr Sunita Changkakoty, Rajeev Kr Jha, Technical Consultant ASCPCR and Dr Nilima Goswami of Child Welfare Committee (CWC), Kamrup (M) showed up their Cruelty to such an extent to the GIRL CHILD that she had to get admitted in Hospital. From the last 2 nights, she is in Trauma and screaming in shock! We demand strict action to be taken against these authorities who are Misusing their powers!
“When the biological father desires to take the responsibility of the child, no one can keep her which is illegal confinement. We must know that unless the biological father/mother is mentally ill, incapacitated in regards to the financial position or addicted or a convicted person, the child’s responsibility is to be borne by parents. Anyone just cannot claim a child demanding that ‘parents are not good and we want the child’s custody.’ There is a legal procedure which has to be followed.” : said Dr Sunita Changkakoty, Chairperson of ASCPCR.
The family members of the child did not cooperate with CHILDLINE when the team went to rescue her by showing many excuses. I spoke to Kalpana Patowary that we want to listen to the child and take her statement, after taking her statement the child will be sent back with them. But they kept us waiting for several hours in spite of our summon sent to them. Then I decided to send the team of ASCPCR to their residence to take her statement: Changkakoty added.
ASCPCR Statement :
- In the statement of the child which has been recorded, she has clearly said that she likes her father, and she has not seen her parents fighting between them except one instance. But since she will be living alone in Banglore, she wants to live with her cousins.
- We gave a summon to them to produce the child to Child Welfare Committee because the CEC is the ultimate authority to take any decision in regards to any child. The ROLE OF ASCPCR WAS OVER AT THIS POINT OF TIME.
- The next day the child was produced at CWC and they did the needful as per the procedure. Since the family members could not produce any document of taking the custody of the child and the maternal grandmother was reluctant to keep the child for the reasons that they are quite old and the grandfather is a cancer patient, the CWC ordered that the child should be temporarily (5days till next sitting of CWC) given the custody of the biological father. Both the grandmother and the father submitted their undertakings.
- Kalpana Patowary prepared a video; which showed that the child was crying. Showing the crying child Kalpana has violated child rights. The CWC ordered that for the best interest of the child she should be taken by the maternal grandparent’s family for tonight and be produced in CWC the next day.
- But the child was never produced in CWC the next day, to avoid this she was hospitalized.
- Kalpana Patowary perhaps does not know that she is not an authorized person to keep the child.
- The child needs proper counselling so that her mind is stabilized first, which is also the responsibility of CWC, but instead of doing this, Patowary has been trying to draw the attention of media by diverting the case. Neither ASCPCR nor CWC can take the side of any party, we have to go by the law and see for the best interest of a child.