Supreme Court Takes Note Of Suggestions By Amicus On Property Rights Of Orphaned Children; Centre Directed To Work Out Modalities Under PM Cares
The Supreme Court today, continued to hear Suo Moto plea concerning COVID 19 Virus in Children Protection Homes. Centre has been directed to work out the modalities under PM Cares for Children affected with COVID, States have been directed to continue submitting data demanded by NCPCR for identification and protection of Orphan Children.
Learned Amicus presented extensive suggestions on Role of CWCs, Restoration of classes in Government Schools, Property Rights of Orphaned Children, menace of girl child trafficking, and other related obligations of State authorities.
A Division Bench of Justice L. Nageswara Rao and Justice Aniruddha Bose, heard submissions by various State Governments on compliance of previous orders and took note of the suggestions made by Amicus, Mr. Gaurav Agrawal.
As per NCPCR recent Affidavit, between April 1, 2020 and June 5, 2021, 3621 children got orphaned, 26,176 lost either parent, 274 abandoned.
Representations were made by Learned ASG Ms. Bhati and Mr. KM Nataraj for the Union.
State of Rajasthan and Maharashtra expressed their reservations on submission of data in 6 stages as mandated by the NCPCR, hence it was relaxed to stage 2-3, told learned ASG Nataraj to the Court.
Advocate Chirag M. Shroff made submissions for GNCTD.
Advocate Sayandeep for the State of West Bengal.
Advocate Sachin Patil for the State of Maharashtra.
Advocate Manish Kumar for the State of Bihar.
Justice Rao to Adv. Sayandeep: By our order dated June 1 we had asked the states to update information on the portal. It is your responsibility to identify the children who have lost their parent & update on NCPCR immediately. Ask your state government to provide data.
Intervener Shobha Gupta raised the issue of illegal adoption; “We have come across a very serious problem that the posts which are circulating for adoption of orphans are illegal. Adoption without approaching CARA & without following provisions of JJ Act is not legal.”
Advocate Sachin Patil: We should be provided a dash board at state level by NCPCR so that we are able to monitor the uploading of information by the district authorities. We'll be able to implement the 6 stages if we have a central control over the state.
While reiterating that it is not mandatory to submit all stages at once, Court directed the Centre to work out the modalities and States to continue providing data to NCPCR on Bal Swaraj Portal.
[Order-sheet to follow]
Case Title: In Re Contagion of COVID 19 Virus In Children Protection Homes | SMW No. 4 of 2020