Set up inspection committees, child protection units for pvt orphanages: HC
The Bombay High Court on Thursday pulled up the state machinery for its insensitive approach towards mentally-challenged children languishing in private orphanages and observed that the government has failed to comply with its statutory duties. The court today directed the government to set up advisory boards, child protection units, inspection committees at the city, state and district levels.
Under the rules framed within the Juvenile Justice Act these bodies are meant to monitor functioning of orphanages, destitute homes and childrens home. Division bench of Justice D Y Chandrachud and Justice Sondurbaldota observed that these provisions have largely remained on paper only.
There is complete failure on the part of the state to comply with its statutory obligations, the judges said.
The High Court had taken suo-motu notice, based on a tabloid report, of plight of mentally-challenged children in Satkarm Balgriha at Kavdas in Shahapur Tehsil of Thane district where five children have died recently due to malnutrition and starvation.
The court observed that the particular orphanage from where the children were rescued did not have any credentials or expertise to show while applying for recognition from the state government. The court noted that nothing has been verified by the government and directed that henceforth, the government has to ensure proper scrutiny before granting permission for setting up of childrens home.
The court had earlier appointed Dr Asha Bajpai, chairperson of Centre for Socio-Legal Studies and Human Rights of Tata Institute of Social Sciences as amicus curie in the matter.
The court today asked Bajpai to visit the rescued children to see if the court directions are being complied by the authorities. The court also asked the authorities to provide counselling, treatment and other requirements for the children within two weeks.
Court has granted a period of four weeks to comply with the other directions.
On September 3, High Court had issued a notice to the state government following news reports about the plight of the mentally challenged children. The notice had raised the issue of fundamental rights and apathy and neglect on part of the institution as well as public authorities.
The state had earlier said that FIR has been lodged against the institution, which runs the orphanage and its in-charge Pundalik Bole has been arrested. It was also informed that a notice has also been issued to the district child welfare officer, Thane, she added. Cant you take action on your own? the judges had asked earlier.
Is it for the first time that something has gone wrong with your system? the court had asked.
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