Girl to decide if she wants HIV+ mum

[Guest guest]

Girl to decide if she wants HIV+ mum

26 Oct 2007

JAIPUR: The nine-year-old daughter of an HIV-positive woman who was

denied custody of the child, will now decide if she wants to stay

with her mother or her grandparents.

The additional district court here has ruled that the girl should be

allowed to choose, despite a subordinate court earlier ruling that

the she live with her grandparents as her mother was HIV-postive and

therefore, would not be able to care for her.

The class V student has been living with her grandparents at Sahar

village in Jhunjhunu district of Rajasthan. The girl's father, who

was in the army, died of AIDS in 2003. The girl's mother, in her

petition, had alleged that her in-laws had thrown her out of the

house in 2006 and forcibly taken custody of her daughter.

She sought her custody saying, as her biological mother, she was her

natural guardian and also pointed out that her daughter is a minor.

Her father-in-law, however, contended that since the child's mother

was living in an ashram with other HIV positive people, the safety of

the child and her health would always be in danger if she lived with

her mother.

The father-in-law contended that they be allowed to retain custody of

the child in view of her future and health.

Additional district judge Prithviraj said since the girl was nine

years old and a student of class V, she was capable of deciding

whether she should live with her grandparents or with her mother.

Counsel for the mother, AK Jain, moved a petition against the order

of the lower court in the additional district judge's court. The

mother had filed a petition against her father-in-law under section

12 of the Domestic Violence Act, alleging that he had forcibly taken

custody of her only child.

She contended that the deprivation of the child was punishable under

the Domestic Violence Act and she should be handed over the custody

of the girl child.

Counsel for the mother, AK Jain, however, said they would appeal

against the additional district judge's order in high court as the

girl was a minor and wasn't capable of taking a decision. And being a

mother, his client should be allowed to keep the child with her.

http://timesofindia.indiatimes.com/India/Girl_to_decide_if_she_wants_H

IV_mum/rssarticleshow/2491501.cms

[Guest guest]

Dear FORUM,

Re: /message/8008

Its really amazing that the family has absolutely no concern for the mother, who

is staying in a home being run for infected and affected children, because she

was thrown out of her rightful home.

A mother's rightful place is with her child and a child too has the right to be

with its mother... The in laws of the woman donot seem to think of brining the

mother back to the home and family that she belong (s)ed to when her husband was

a alive. Just because the son is no more is no reason to throw out a daughter in

law and more so when she needs all the care and support.

The court would only be reinforcing the forces of stigma and discrimination if

it goes against its decision to let the mother have the custody of her daughter.

Legal aspects apart, I think putting a young child through decisions like who

she wants to stay with is being unfair on the child also and in violation of the

rights of the child.

Vandana Nair

Jaipur

e-mail: <nair_vandana@...>