Authored By Kiran Raj

The Allahabad High Court, in its order dated December 16, 2024, stayed the operation of two orders passed by the Uttar Pradesh State Human Rights Commission (SHRC), which had directed the production of two minor children before the Commission to determine their custody. The Division Bench comprising Justice Rajan Roy and Justice Brij Raj Singh ruled that the jurisdiction of the SHRC does not extend to adjudicating matters related to child custody. The Court observed that custody disputes are governed by specific statutory frameworks such as the Guardians and Wards Act, 1890, and the Juvenile Justice Act, 2015, and do not fall within the purview of the SHRC.

The case arose following the death of a woman under mysterious circumstances on November 6, 2024. A criminal case was filed by her parents (opposite party nos. 4 and 5) against her husband, who is currently in custody. The complaint was registered under Sections 103(1), 115(2), 852, and 351(2) of the BNS Act, 2023. Subsequently, the father of the deceased submitted an application to the Uttar Pradesh Director General of Police (DGP), alleging that the whereabouts of the deceased's two minor children were unknown and expressing concerns about their safety. He requested that the children be traced and placed in his custody.

A copy of the application was forwarded to the SHRC, which took cognizance of the matter and issued an order directing the Investigating Officer (IO) to produce the children before the Commission for recording their statements regarding their custody. The SHRC later issued additional orders to ensure the production of the children, despite one petitioner citing health issues as a reason for non-compliance.

The petitioners (relatives of the children from their father’s side) challenged the orders of the SHRC, contending that the Commission lacked jurisdiction to interfere in matters of custody. They argued that child custody issues fall exclusively within the domain of specialized laws and courts.

The Court observed that the jurisdiction of the SHRC is defined under the Protection of Human Rights Act, 1993. Justice Rajan Roy and Justice Brij Raj Singh noted, “The Commission, prima facie, may not have jurisdiction so far as custody of children is concerned, as there are specific remedies prescribed in this regard in other statutes.”

The Bench further noted that while the SHRC may inquire into human rights violations, it cannot overstep its statutory mandate. Referring to the orders dated November 14, 2024, and December 5, 2024, the Court stated that the Commission had exceeded its jurisdiction by attempting to determine issues of custody and directing the production of the children for this purpose.

The Court clarified that the Investigating Officer was free to proceed with the criminal investigation and record the statements of the children if necessary. The petitioners were directed to cooperate with the investigation. The Bench remarked, “So far as the issue of custody is concerned, private opposite parties are at liberty to initiate such proceedings as they may be advised to do, as per law, as also for a fair investigation in the criminal case, if required.”

The High Court stayed the SHRC’s orders to the extent that they pertained to the custody of the children and their production before the Commission. The Court also directed that pleadings in the matter be completed within eight weeks, listing the matter for further hearing thereafter.

Case Title: Prabha Shankar Dwivedi & Ors.

                  vs. State of U.P. Human Rights Commission Thru. Chairman Maanav Adhikar Bhawan Lko & Ors.

Case Number: Writ-C No. 10623 of 2024

Bench: Justice Rajan Roy and Justice Brij Raj Singh

[Read/Download order]