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SUPREME COURT OF INDIA
L. NAGESWARA RAO, ANIRUDDHA BOSE, JJ.
IN RE CONTAGION OF COVID 19 VIRUS IN CHILDREN PROTECTION HOMES
SMW (C) NO.4 OF 2020 (IA No. 64373 of 2021)
Date : 07-06-2021
(A) Corona Pandemic – Covid Orphans – Care and protection – Role of District Child Protection Officers (DCPO) – DCPO should provide his contact number and name of local official who can be contacted by guardian – There should be a follow-up with child at least once a month to ascertain his/her well being – Amicus Curiae stressed need for child being produced before Child Welfare Committees (CWC) in case DCPO is of prima facie opinion that guardian is not capable of taking care of child – CWC shall pass appropriate orders at the earliest – After identification of children who have become orphans or lost one parent, prompt action has to be taken to provide basic needs of children – DCPO should act swiftly to contact child on receipt of information about loss of parent/parents of child – DCPUs shall ensure that adequate provision is made for ration, food, medicines, clothing etc. to child – State Governments have announced certain financial benefits to affected children which have to be provided to them immediately – DCPO should produce child before CWC if he is not prima facie satisfied that guardian is capable of taking care of child – State Government/Union Territories should ensure that there is no break in education of children who have become orphans or lost either one parent during Pandemic. (Paras 9, 10 and 11)
(B) Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 108 – Protection of property rights of Covid Orphans – State Governments/Union Territories directed to prevent any NGO from collecting funds in names of affected children by disclosing their identity and inviting interested persons to adopt them – No adoption of affected children should be permitted contrary to provisions of JJ Act, 2015 – Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without involvement of CARA – Stringent action shall be taken by State Governments/Union Territories against agencies/individuals who are responsible for indulging in this illegal activity – State Governments/Union Territories directed to give wide publicity not only to provisions of JJ Act, 2015 but also to several schemes that have been announced by Central Government and State Governments/Union Territories benefiting children who have become orphans and children in need of care and protection – There is a need for continuous monitoring of implementation of schemes in favour of affected children – Special Juvenile Police Unit in each district and city shall be constituted as provided in Section 107 of JJ Act, 2015 – That apart, DCPO should take assistance of District Legal Service Authorities for coordinating implementation of schemes in favour of affected children – If DCPO finds it difficult to monitor welfare of affected children, he should involve Government servants at grass root level in task of attending to desolate children – Elaborate directions issued. (Paras 15, 16, 17 and 18)
Facts of the case:
By an order dated 01.06.2021, this Court permitted the learned Amicus Curiae to have a dialogue with Nodal Officers to be appointed by State Governments to ascertain the information relating to implementation of the schemes announced by Union of India and State Governments/Union Territories favouring orphans and Children in Need of Care and Protection (CNCPs). Further, Amicus Curiae was authorized to interact with Nodal officers for finding out the modalities adopted by the State Governments to provide succour to the affected children. Amicus Curiae identified States of Telangana, Tamil Nadu, Kerala, Karnataka, Gujarat, Rajasthan, Uttar Pradesh, Maharashtra, Bihar and Jharkhand initially for the purpose of obtaining relevant information to be furnished to this Court.
Findings of Court:
Amicus Curiae shall contact the nodal officers to be appointed by the States of Andhra Pradesh, Odisha, West Bengal, Assam, Uttarakhand, NCT of Delhi, Punjab, Haryana, Himachal Pradesh and UT of Jammu and Kashmir to obtain the information relating to the welfare of the children who are in a dolorous state due to loss of their parent/parents and submit a report.
Result : Directions issued. Matter listed for next hearing.
ORDER
1. By an order dated 01.06.2021, this Court permitted the learned Amicus Curiae to have a dialogue with Nodal Officers to be appointed by the State Governments to ascertain the information relating to the implementation of the schemes announced by the Union of India and the State Governments/Union Territories favouring orphans and Children in Need of Care and Protection (CNCPs). Further, the Amicus Curiae was authorized to interact with the Nodal officers for finding out the modalities adopted by the State Governments to provide succour to the affected children. The learned Amicus Curiae identified the states of Telangana, Tamil Nadu, Kerala, Karnataka, Gujarat, Rajasthan, Uttar Pradesh, Maharashtra, Bihar and Jharkhand initially for the purpose of obtaining relevant information to be furnished to this Court.
2. Ms. Aishwarya Bhati, learned ASG undertook to provide the details of the scheme that was announced by the Prime Minister of India on 29.05.2021. On behalf of the Union of India, an Action Taken Report has been filed. The learned ASG sought further time to furnish the modalities for the implementation of the scheme announced by the Prime Minister of India on 29.05.2021. The Union of India is granted four weeks’ time from today to file an affidavit setting out the details of the scheme dated 29.05.2021 and the manner of its implementation.
3. Mr. Gaurav Agrawal, learned Amicus Curiae submitted a note in which he has referred to six stages for alleviation of the forlorn children who have lost both parents or a single parent. He suggested that identification of children who have become orphans or have lost one of their parents during this pandemic does not brook any delay. Immediate relief should follow the identification of such children without any delay. Thereafter, the Child Welfare Committees (CWC) should conduct inquiries and pass suitable orders expeditiously which have to be implemented without any delay. Monitoring of children by CWC and the District Child Protection Officer (DCPO) should be conducted on a periodical basis. Suitable steps should be taken by CWC’s to ensure that the benefits announced by the Central Government/State Governments should reach the children.
IDENTIFICATION OF CHILDREN :
4. The information provided by the State Governments/Union Territories on the ‘Bal Swaraj’ Portal upto 05.06.2021 shows that there are 30,071 children who have become orphans or have lost one parent or abandoned. The break-up given in the affidavit filed by the National Commission for Protection of Child Rights (NCPCR) is that there are 3,621 orphans, 26,176 children who have lost one parent and 274 children who have been abandoned. The State-wise data that is given in the affidavit filed by NCPCR shows that NCT of Delhi and the State of West Bengal have not uploaded the correct information.
5. Mr. Chirag M. Shroff, learned counsel appearing for the NCT of Delhi submitted that there was some difficulty in collecting data to be uploaded on the NCPCR portal. He submitted that a decision was taken recently to depute government officers at the grassroot level to take immediate steps to gather the information which will be updated on the NCPCR portal. Further, the basic needs of children who become orphans or have lost one parent shall be attended to apart from steps being taken as provided in the Juvenile Justice Act, 2015.
6. The learned counsel for the State of West Bengal submitted that the data could not be uploaded in view of some confusion about the six stages that are mentioned in the web portal of NCPCR. It was made clear in the order dated 01.06.2021 that it is not necessary for the states to provide information relating to all the six stages at present and that it would be sufficient if the data pertaining to the first two stages are uploaded on the portal. The State of West Bengal is directed to take steps to identify the children who have become orphans or lost one parent after March, 2020 immediately and upload
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