MADAN B.LOKUR, DEEPAK GUPTA
Re: Exploitation of Children in Orphanages in the State of Tamil Nadu – Appellant
Versus
Union of India – Respondent
The Supreme Court of India has emphasized the importance of ensuring the effective implementation of child care schemes and safeguarding the rights of children in need of care and protection. It has underscored that laws enacted by Parliament, such as the Juvenile Justice Act and the Protection of Children from Sexual Offences Act, are designed to promote social justice and the welfare of children, and their proper enforcement is a constitutional obligation of the State (!) (!) . The Court has highlighted that broad and purposive interpretation of relevant statutes is essential to prevent injustice and to align with international commitments, such as the Convention on the Rights of the Child, which obligates the State to protect children from all forms of violence and abuse (!) (!) (!) .
Furthermore, the Court has called for rigorous registration, monitoring, and standard-setting for child care institutions to ensure minimum standards of care, safety, and hygiene, emphasizing that unregistered or poorly managed institutions pose significant risks to children's well-being (!) (!) (!) . It has also stressed the importance of training personnel involved in child welfare to ensure that their actions are informed, sensitive, and aligned with legal provisions (!) (!) .
The Court has reiterated the need for a comprehensive and systematic approach involving technology, social audits, and active oversight by statutory bodies to promote transparency, accountability, and continuous improvement in child protection efforts (!) (!) (!) . It has further emphasized that the de-institutionalization of children, through fostering alternatives such as adoption and foster care, is a vital aspect of child welfare, and that all stakeholders must work collaboratively to realize these objectives (!) (!) .
Finally, the Court recognizes the crucial role of specialized commissions and judicial oversight in ensuring the effective implementation of child rights laws, urging the government to fill vacancies and strengthen these bodies to fulfill their constitutional and statutory mandates (!) (!) (!) . Overall, the Court’s directives aim to create a safe, nurturing, and rights-based environment for children, reflecting a deep commitment to their dignity, safety, and development.
JUDGMENT :
Madan B. Lokur, J.
1. This writ petition was taken up on the basis of an article published in the Hindi newspaper “Hindustan” (Lucknow Edition) on 4thJuly, 2007. The article was written by Ms. Anjali Sinha and the translated caption of the article is “Orphanage or Places for Child Abuse”. The article was forwarded to this Court by one A.S. Choudhury along with a letter and that is the genesis of this petition which was registered as a Public Interest Litigation (PIL) on 10th September, 2007. Ms. Aparna Bhat was appointed as Amicus Curiae to assist this Court. At the outset we must and do acknowledge the unstinting and excellent efforts put in by Ms. Aparna Bhat over the last 10 years in rendering assistance in this matter.
2. Broadly, the article written by Ms. Anjali Sinha mentions that orphanages in Mahabalipuram in Tamil Nadu, run by NGOs as well as government institutions were reportedly involved in systematic sexual abuse of children. A sting operation indicated that sexual services of children were being provided to foreigners as well as Indian tourists and that
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