"They sent me here to learn our culture... The court has rescued me. Once I am in Canada, I will join studies again in September under foster care," 16-year-old Japneet Kaur Ghuman

By Asian Pacific News Service

A controversial court case in India that challenged the right of a parent to raise a child according to their wishes has ended with a teen being allowed to "escape" from her family and return to Canada.

At the centre of the culture clash is 16-year-old Canadian citizen Japneet Kaur Ghuman of Montreal's South Shore.

The Punjab and Haryana High Court in Chandigarh ruled Japneet should be sent back to Canada "in her interest" since she does not want to stay with her parents.

Justice Nirmal Singh also ruled that Japneet be provided security for her safe passage from her family's hometown of Mohali to the Canadian High Commission in New Delhi.

Reynald Doiron, spokesman for the Canadian Foreign Affairs Ministry said the girl was given a police escort after the court ruling and taken to the airport in New Delhi.

He said she has returned to Canada and is currently living with family friends in Montreal.

Doiron said the parents of the girl were also ordered to return her passport.

Doiron said Japneet contacted the Canadian High Commission in late July stating she wished to return to Canada.

This, he said "were against her parents wishes".

Doiron said arrangements for her care and schooling are being handled by the Quebec provincial authorities.

He described the case as "unusual"

The court heard that Japneet was 'brought' to India by her Punjabi parents in 2001, but she could not adjust to India.

When the girl turned to her school principal and vice-principal for help, her parents filed a petition in the High Court alleging that the school had illegally confined her.

But the case backfired on them.

Japneet alleged that her truck-driver father Jarnail Singh Ghuman, also a Canadian citizen, brought her to India under a false pretence.

"They persistently subjected me to mental, physical and verbal abuse. They did not understand my problem. They sent me here to learn our culture I want to return to Canada," Japneet, was quoted as saying.

"The court has rescued me. Once I am in Canada, I will join studies again in September under foster care," she said.

"I do not want to spoil my parents' reputation, but they did not understand me. Counselling is a joke for them," she said.

"They would starve me back in Canada when I, as a six-year-old, failed to understand the alphabets. Why should I stay with people who have no affection for me"

"I fail to understand the Punjabi language and the syllabi here," said Japneet.

Pushpinder Kaur Shahi, Japneet's mother accused school officials of interfering with her family life.

"Japneet has been troubling us ever since she was a child. This is the reason we brought her here (to India). We have always considered her welfare."

"Her brother Amandeep is studying at PPS Nabha, while sister Navpreet Kaur is at St Xavier School, Chandigarh. They don't trouble us."

"Parents bring up children with a lot of difficulties. But under the influence of the Western culture, children forget them," said Shahi.

Japneet, however, countered that parents should not force their views on children.

"My parents should respect my individuality," she said, adding, "In Canada, when they illtreated me, I called up the police a couple of times. Here, they think they can get away with anything."

The case broke open last month when Japneet's parents accused the principal of Yadvindra Public School, Harish Dhillon, and vice-principal Komal of keeping their daughter in illegal custody.

The parents also alleged Komal was trying to get Japneet to marry either her son or the principal's son, who stays abroad.

Japneet, however told the court, that she had approached Dhillon and Komal for 'help' soon after her admission to the school as her parents had been subjecting her to mental torture.

"She told her problem to principal Dr Harish Dhillon and me," said Komal, the vice-principal.

"The girl did not want to return home. We sought legal advice and approached the police," said Komal.

The police put Japneet under the care of the school bursar pending the outcome of the court case.

"We are relieved now," said Dhillon. "A sensitive and fair judge has pronounced a considerate decision. I wish success and peace to Japneet," he added.

As for Japneet, her only regret before leaving for Canada was: "I could not tie a rakhi (ceremonial band) to my brother today." But "I will be sending him one soon."

Richmond-based Balwant Singh Sanghera, who works with Indo-Canadian youth, described the case as 'unfortunate' but an indication of what can happen with parents who are too dictatorial.

"Indo-Canadian youth already have a tough time living with two cultures... There needs to be collaborative effort to ensure the best for the younger generation which is growing up in Canada.

"Telling the kids that I will send you back to India if you don't behave does not work... In my experience the kids will come around if parents listen and talk to them," said Sanghera, who is in the forefront of several initiatives, including youth mentorship programs in the community.

"There are some cases in the community where parents have been too dictatorial and inflexible and this has led to suicides," he said.