In re: Child Welfare Committee Jurisdiction (Kerala HC)
Kerala High Court2026 SCC OnLine Ker 834Bench: J. Devan Ramachandran
The Kerala High Court held that the jurisdiction of the CWC under the Juvenile Justice Act, 2015 is parallel and independent from criminal proceedings under POCSO. Criminal trial addresses the accused's liability; CWC proceedings address the child's welfare and safety — these serve distinct statutory purposes and neither ousts the other. Once a child is declared a "Child in Need of Care and Protection" under Section 2(14) JJ Act, the CWC has the authority to determine the child's placement, custody, and rehabilitation plan under Sections 37 and 39 JJ Act. Return to a home that the child identifies as unsafe, or where the alleged perpetrator's associates are present, requires a careful welfare assessment by the CWC — it cannot be short-circuited by a parent's writ petition. The writ was dismissed and the mother was directed to appear before the CWC.