AGARTALA, FEB 10: The High Court of Tripura has directed the Tripura Police to deploy a senior officer to accompany a mother to Tamil Nadu and retrieve her four-year-old daughter from a residential facility in Vellore. In its February 4 order, the court declared the child’s continued detention at The Hope House as unlawful and warned that non-compliance with its directive by February 15 would constitute contempt of court.
The habeas corpus petition was filed by Prabha Rani Das, a resident of the North Singinala area under Salema Police Station in Dhalai District, seeking custody of her daughter Pratiti Chakraborty, who has been held in Vellore since 2018. The bench of Justices Dr. T. Amarnath Goud and S. Datta Purkayastha ruled that the respondents had acted without judicial authorization in transferring and retaining the child at the facility.
Hospital Diagnosed Battered Baby Syndrome
The case originated in 2018 when the infant, then suffering from breathing problems, was taken to Christian Medical College, Vellore, for treatment after consultations in Agartala, Guwahati and Kolkata proved insufficient. According to court records, doctors at CMC diagnosed the child with complications related to colostomy disease and performed diversion colostomy surgery in September 2018.
However, the medical intervention became the subject of bitter dispute. The petitioner alleged that probationary doctors employed wrong treatment methods, causing deterioration in the child’s condition. When she raised objections, she claimed she was abused and expelled from the hospital, and subsequently denied access to her daughter or permission to breastfeed her.
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The hospital authorities presented a starkly different narrative. Medical reports cited in the judgment indicated that the child was admitted with signs of severe abuse and physical injuries. The medical board diagnosed the child with secondary traumatic brain injury and Battered Baby Syndrome. A letter dated June 7, 2019, from the hospital mentioned repeated digital anal penetrations, leading CMC to file a complaint under Section 4 of the Protection of Children from Sexual Offences Act, 2012. The case was registered as FIR No. 50 of 2019 atthe Vellore Principal Judicial Court.
Child Placed in Boys’ Hostel, Transfer Repeatedly Delayed
Following the POCSO complaint, the Child Welfare Committee, Vellore, exercised its statutory authority to remove the child from parental custody in September 2018. The child was initially placed at MBKG Pannal Home before being transferred to The Hope House, which the petitioner described as a boys’ hostel, raising concerns about the appropriateness of the placement for a female child.
The petitioner returned to Tripura and approached state authorities for assistance. Despite correspondence between officials in both states, efforts to repatriate the child proved unsuccessful. A letter dated May 13, 2019, from the Child Welfare Committee, Ranipe,t indicated readiness to transfer the child, while another dated August 13, 2019, from the Director of Social Welfare, Tripura, confirmed initiatives for the transfer. However, Tamil Nadu authorities repeatedly cited medical reasons and the pending criminal investigation to delay the handover.
Vellore Officials Refused to Produce Child Before Tripura Team
The situation escalated when the High Court of Tripura directed a team of four officials, including medical professionals, to visit Vellore in May 2023 to examine the child and prepare reports on her physical and psychological condition. According to the team’s report submitted on May 19, 2023, Tamil Nadu authorities refused to cooperate. The District Collector, Vellore, convened a meeting on May 5, 202,3 where officials stated that the child could not be produced before the Tripura High Court at that time.
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The court characterized this response as inexplicable non-cooperation, particularly given that respondents from Tamil Nadu had been participating in proceedings and expressing willingness to comply with court directions since 2022.
DNA Test Confirms Biological Maternity with 99.999999725% Probability
The hospital had questioned whether the petitioner was the biological mother of the child and demanded DNA testing. Tests were conducted at the State Forensic Science Laboratory, Tripura, with results issued on April 12, 2023. The report concluded that Prabha Rani Das is the biological mother of Pratiti Chakraborty with a probability of 99.999999725%.
Meanwhile, the court arranged a virtual interaction with the child in December 2023, since physical production had proven impossible. The judges observed that the child appeared cheerful, mentally alert and physically healthy. She answered queries in English and demonstrated awareness of Tripura. The court noted that her physical and mental growth appeared commensurate with her biological age and that she showed no signs of physical disability or injury at that time.
Detention Declared Unauthorized and Arbitrary
The judgment emphasized that while the Child Welfare Committee possesses statutory authority under the Juvenile Justice Act, such authority becomes subordinate to the Constitutional Courts once a matter is sub-judice. The court held that the unilateral decision to shift the child from CMC custody to The Hope House, without obtaining judicial permission while the case was pending since 2022, was unauthorized and arbitrary.
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The court invoked the principle of parens patriae, asserting its inherent jurisdiction over the welfare of minors within its territorial limits. The judges ruled that the cause of action originated in Tripura, as both mother and child are natives of Dhalai District, giving the High Court jurisdiction despite the child’s physical location in Tamil Nadu.
Husband Died During Legal Battle, Daughter Remains Last Hope
The judgment noted that the petitioner’s husband, Dwaipayan Chakraborty, died during the pendency of the petition, reportedly due to mental trauma from the prolonged separation. The court observed that the minor daughter represents the last hope for the widowed mother’s survival.
The court directed respondents numbered four through nine, including the State of Tamil Nadu, Child Welfare Committee Vellore, Director of Social Welfare Tamil Nadu, Collector of Vellore District, Commissioner of Social Defence, CMC Vellore and The Hope House, to extend full support in implementing the order. The expenses for retrieving the child are to be borne by the petitioner.
Upon the child’s arrival in Tripura, state authorities have been directed to assess her physical and mental health condition and provide appropriate supervision and care if required.