Landmark order forces father to bear state expenses for child's care
It is the duty of the state to hold parents accountable if they are negligent in paying for their children.
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By
Fathmath Ahmed Shareef
Family Court on Thursday issue a first-of-its-kind order, directing the father of a child, who is under the protection and custody of the state, to pay all expenses to the government during the period in which the child is in the custody of the state.
The court's decision came in the case of a differently-abled child who was in the custody of the state for being abandoned by his parents and there was no one within the family to take care of the child. The state had filed the case in the Family Court under the Protection of Children from Sexual Offences (POCSO) Act.
The state requested the court:
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To issue a protection order under the Protection of Children from Sexual Offences (POCSO) Act
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To direct the state to recover all the expenses of the child from the father of the child for the duration of when the child is in the custody of the state as provided in the act
The court, in its verdict, ordered the father of the child to pay MVR 16,219 per month for the child's expenses. The father consented.
While deciding the cost of taking care of the child, the court looked into:
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The cost of food during the period in which the child is kept in the custody of the state
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Cost of electricity and water at the place where the child is kept
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The salary of the staff who takes care of the children and the salary of the teachers working there; the amount of time a child currently residing there has been considered to calculate this cost
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The amount of monthly expenditure on the child's clothes and other expenses
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Since the child is a child with special needs, the estimated cost of various therapies to be taken by the child
Since it is the fundamental responsibility of the parents to take care of the child's expenses, section 43 of the Protection of Children from Sexual Offences (POCSO) Act makes it mandatory for the parents to hand over the child's expenses to the person who is taking care of the child if the parents are not taking care of the child.
It also states that it is the duty of the state to hold parents accountable if they are negligent in paying for their children.
