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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

Table of Content
1. nature and function of orphanages in society (Para 1 , 2)
2. historical context of juvenile justice (Para 3 , 4 , 5)
3. challenging provisions of the jj act 2015 (Para 6 , 7)
4. abdication of legislative power issues (Para 11 , 13)
5. supreme court’s directives on registration (Para 24 , 25 , 27 , 29)
6. obligatory registration under the jj act (Para 50 , 51)

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 childr

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