In a significant legal intervention, the Karnataka High Court has issued a temporary stay on the deportation of two minor children belonging to a Russian woman, underscoring the importance of safeguarding child welfare as outlined in the United Nations Convention on the Rights of the Child (UNCRC).
The case centers around Nina Kutina, a 40-year-old Russian national, and her two young daughters, Preya (6) and Ama (4), who were rescued by the Karnataka police on July 11 from the Ramatirtha cave in Gokarna, located in the Uttara Kannada district. The family had been living in the cave for an extended period, even after Kutina’s visa had expired.
During the hearing of a writ petition filed on their behalf, Justice S Sunil Dutt Yadav intervened to stall any immediate deportation actions against the children. The petition, argued by Advocate Beena Pillai, challenged the abrupt deportation directive, contending that it failed to take into account the best interests of the children—a cornerstone principle of the UNCRC, to which India is a signatory.
The petitioner stressed that the deportation order not only disregarded due process but also posed potential risks to the emotional and psychological well-being of the minors, given their vulnerable age and unfamiliarity with the administrative complexities involved.
On behalf of the Union of India, the Assistant Solicitor General (ASG) submitted that the children currently do not possess valid travel or identification documents. Acknowledging this submission, the court noted that proceeding with deportation under such circumstances would not be justifiable or by due legal standards.
Taking a cautious and humanitarian approach, the court observed that the matter requires a detailed and balanced hearing, especially in light of international obligations about child rights. To this end, it directed the concerned respondents to submit a written affidavit confirming the lack of valid documentation and to file any objections or clarifications within two weeks.
Importantly, the court also restricted any immediate deportation action. It explicitly instructed that no deportation plan involving the children may be implemented without prior notification to the court, effectively putting any such move on hold. The case has been listed for the next hearing on August 18, when a more comprehensive review is expected.
This judicial intervention underscores the increasing role of Indian courts in harmonizing domestic actions with international human rights standards, particularly those that safeguard the interests of children in vulnerable or transnational situations.
While Kutina had previously stated that there was no danger to her or her children’s lives during their time in the cave, her overstay due to visa expiration remains a legal concern that will likely be addressed in subsequent proceedings.
As it stands, the Karnataka High Court’s order ensures that no action can be taken to deport the children until further judicial scrutiny is conducted, reflecting a commitment to upholding the principle of child welfare above procedural expediency.