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2017 Supreme(Online)(Ker) 31807

IN THE HIGH COURT OF KERALA
, CJ
Secretary Calicut Orphanage and Another v. Union of India and Others


Advocates:
For the Appellants/Petitioners: K. Jayakumar, Firoz K., Litto Palathingal, Sam Isaac Pothiyil
For the Respondents: Sri. N. Nagaresh, Sri. K. A. Balan, Sri. N. Manoj Kumar

1. Orphanages, though a sad reflection on our society, all the same functions unselfishly to look after orphans and other destitute children; who, otherwise, would be thrown to the streets and turn into vagabonds, harmfully exposed to the vagaries of a cruel life. The petitioners herein are such institutions registered under the Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960 (for brevity "Orphanages Act"). These institutions have been carried on with the hard earned money of well intentioned promoters, philanthropists and funds borrowed and begged. With the advent of the Juvenile Justice Care and Protection of Children Act, 2015 ('JJ Act of 2015' for short); under which, the authorities claim all these institutions are covered, such charitable activities for orphaned and destitute children stands extinguished, is the compelling argument raised by the petitioners. The writ petitions seek a declaration to absolve the petitioner - institutions from such coverage. The petitioners would be unable to satisfy the norms and standards as prescribed in the Juvenile Justice Care and Protection of Children Model Rules, 2016 (for short 'Model Rules'). If the JJ Act of

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