Justice M. Nagaprasanna, Karnataka High Court
Karnataka High Court Orders State To Airlift 22 Children In School Food Poisoning Case To Meghalaya On Plea By Parents
|The state had initially handed over the children to District Child Protection Officer and the parents from Meghalaya had approached the High Court seeking their custody.
The Karnataka High Court has directed the State authorities to airlift 22 children currently housed in a children’s home in Bengaluru to their home state of Meghalaya, following a tragic incident of food poisoning at a school that claimed two lives and hospitalized several others.
The Single Bench of Justice M. Nagaprasanna passed the directions while disposing of a writ petition filed by 23 individuals, with the first petitioner representing the other 22, who are the parents or legal guardians of the affected children from the state of Meghalaya.
Facts of the Case
The petitioners had sought immediate release of their children from government custody and restoration of custody to their families.
The matter arose out of an incident that occurred on March 16, 2025, during a Holi celebration at Gokula Educational Trust in Bengaluru. The celebration turned tragic when food served at the event allegedly caused food poisoning, resulting in the deaths of two children and hospitalization of many others. In the wake of the incident, the State intervened and took custody of 22 children, handing them over to the District Child Protection Officer (DCPO), Smt. Rashmi S., under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Parties' Contentions
The petitioners argued that since the parents are now ready and willing to take custody, the continued placement of the children in a children’s home was unwarranted. They also informed the Court that the parents had commenced their journey from Meghalaya and were expected to reach Bengaluru by April 10, 2025.
Appearing for the petitioners, Advocates Ramamurthy and T.S. Shyam Prasad submitted that the custody of the children should be handed over to their parents upon their arrival and they should be permitted to travel back to Meghalaya together.
The State, represented by Additional Government Advocate Mohammed Jaffar Shah, opposed the prayer, stating that the children’s welfare had been ensured by the State since the incident and that the parents had not visited their children since 2022.
However, the State did not oppose the eventual reunification of the children with their families and suggested that the transfer be carried out under the supervision of the respective Child Welfare Officers of Karnataka and Meghalaya. The State also informed the Court that requisition had already been sent to the Juvenile Justice Board for sanction of funds for the airlifting of the children, accompanied by welfare officers, to Meghalaya where custody would be formally handed over to the State’s Child Welfare Officer.
Court's Directions
Taking note of the submissions from both sides, the Court passed the following directions:
1. The Child Welfare Officer of Karnataka shall accompany the children to Meghalaya and formally hand them over to the Child Welfare Officer of Meghalaya, drawing a report of the transfer.
2. The Child Welfare Officer of Meghalaya shall identify the parents of the 22 children and hand them over after proper verification.
3. The requisition sent for airlifting the children must be sanctioned forthwith without delay.
4. Parents arriving in Bengaluru on April 10, 2025, shall be allowed to visit and interact with their children before the airlift.
5. Parents are permitted to accompany the children on the journey back to Meghalaya.
6. The State undertook that no press briefings or public disclosures regarding the children’s transfer would be made to protect their privacy and dignity.
7. Advocate T.S. Shyam Prasad is permitted to remain present during the handover of custody between officials.
The Court concluded by granting liberty to the petitioners to approach it again should the need arise in the future. "Liberty is reserved to the petitioners to knock at the doors of this Court, in the event if need would arise in the future," the Court ordered.
Cause Title: Wailad Nongtdu v. Government of Karnataka [Neutral Citation No. 2025:KHC:15259]
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