[Children Orphaned During CoVID] SC Directs District Authorities In All States To Update Information On Bal Swaraj Portal Of NCPCR

The Supreme Court on Friday directed the District Authorities in all States to update information related to children who have become orphans due to the pandemic from March, 2020 on an online portal called as Bal Swaraj created by National Commission for Protection of Child Rights (“NCPCR”).

“All the concerned district authorities are directed to upload the information by tomorrow evening for the purpose of collection of information”, the Court said.

Bench of Justice(s) LN Rao and Aniruddha Bose while observing that the State and the Union should get latest information to identify the child who has become orphaned due to pandemic or otherwise has also directed the state to immediately take charge of the children and address their basic needs till further orders.

The directions have been passed in light of an application filed by Advocate Gaurav Aggarwal, Amicus Curiae seeking directions of the court in respect of the children who have been affected due to CoVID on losing either one or both the parents which has resulted in increased child trafficking.

“The same has had a devastating effect on the vulnerable sections of the society. It has been brought to our knowledge that there are a large number of children who have become orphans due to losing their bread winner.”, the Learned Amicus submitted.

ASG Ms Aishwarya Bhati appearing for Union of India submitted that instructions have been issued in this regard to all the concerned authorities who are under an obligation to take care of the children who have lost their parents due to CoVID.

ASG Bhati also apprised the bench of the advisories issued by the Centre in this regards some of them being:

• Vide notification dated April 13, 2021, the definition of child has been amended as per which child is not only a child who has lost both parents but also includes the child who has been abandoned.
• On the issue of 24 hours, instructions have been issued to the committee to for production of the child virtually if in case its not possible to produce physically
• Child Protection Staff working in NGOs have been declared as front line workers for the purpose of vaccination
• When their parents are admitted, then the hospital is under a mandate to ask them about the number of children they have and services of tele consultation have also been looked into.

“Provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 make it clear that there is an obligation on the part of authorities to take care of children in need by following the procedures.”, the Court also said.

The Court has directed the Counsel of the States to provide information which is received by them latest by Monday and the Amicus has been directed to prepare a note on the same after receipt of information.

“I want the state to address the needs of these children immediately. We don't know what's happening to them.”, said Justice LN Rao.

The matter will now be heard on Tuesday.