RE EXPLOITATION OF CHILDREN IN

ORPHANAGE IN STATE OF TAMILNADU

VS. UNION OF INDIA
WRIT PETITION (CRIMINAL).NO.103/2007

BY SONASRI
First YEAR LLM
INTRODUCTION
• This case is based on a sting operation on which an article was
published and it gave a lead to the court to notice how the
implementation machinery and Government is lacking at every level.
• However, after taking the matter into its cognizance the court gave all
the needful directions to the Government to overcome the loopholes
and make the laws a success.
Facts of the case:
• A Public Interest Litigation was filed by M.Aparna Bhatt on the basis of
an article published in the Hindustan newspaper, titled “Orphanages
or Places for Child Abuse”
• The author of the article had written about the systematic child
abuse and sexual exploitation that was taking place in NGO and
Government associated orphanages in Mahabalipuram, Tamil Nadu
• The issue of sexual exploitation of children in schools was also
discussed in the article. It was highlighted that statistically, more than
fifty percent of children suffered from sexual abuse, either
institutional or by blood relations.
Issues framed by this court:
• Whether child care institutions are managed by the state government
or by NGOs or other voluntary organizations has followed certain
minimum standards of child care in that institutions?
• Whether rehabilitation of children in need of care of protection must
be a priority
• Whether NCPCR and SCPCRs monitors the implementation of
POCSO act, 2012?
Provisions Involved:
• sec. 2(14) of Juvenile Justice Act,2015- defines child in need of care
and protection
• sec. 17 of commission of protection of child rights Act,2005-
constitution of state commission for protection of child rights
• sec.41 of JJ Act,2015- Adoption
• Art.39(f) of Indian Constitution- opportunities to children to develop
in healthy manner
• Art 19 of Convention on the Rights of the Child- obligates state to take
all measures to protect the child.
Arguments put forwarded by the petitioner
• Petitioner states that the issue of formulating Child Care Plans was
discussed to laying down a policy for conducting social audits.
• The petitioner focused on three principal issues namely (1)Children in
need of care and protection; (2) Trafficked children (3) Street children.
• Under 2(14) Juvenile Justice (Care and Protection) Act,2015 defines
child in need of care and protection, that definition does not
specifically cover certain categories of children,here child in need of
care and protection ought to be given a broader interpretation.
1. Bandhua Mukti Morcha v.Union of India
• workmen v. The management of American Express International
Banking Corporation
• Badshah vs. Urmila Badshah Godse
• Abhiram Singh v. C.D. Commachen
Arguments put forwarded by the Respondents:
• It has been argued that it appears the rights of children can only be
adequately guaranteed if the supervision and control provisions
contained in the law which is applicable to children.
• The Union of India added copies of the sample social audit forms for
the Child Welfare Committee, Juvenile Justice Committee,Special
Youth Police Unit, Orphanage,Child Protection Agency,Specialized
Adoption, and Open Housing/Housing​​to its sworn documents.
• We have not yet learned whether any actions have been taken to
conduct social audits in accordance with the sample format developed
by the Union of India or where appropriate based on the results of the
pilot test.
DIRECTIONS ISSUED BY THE COURT:
The definition of child in need of care and protection under Section
2(14)of the Juvenile Justice Act should not be interpreted as an
comprehensive definition. it should be interpreted in an exhaustive
manner.The state government and union must ensure the registration of
institution process should be completed and it should be circulated to all
the institutions.
The Government of India has several schemes, including skill
development vocational training etc, that must be utilized while keeping
the need for rehabilitation in mind of such Child.The governments of
the states and union territories are directed to establish Inspection
Committees, as required by the JJ Act and the Model Rules, to conduct
regular inspections of child care institutions and to prepare inspection
reports so that the living conditions of children in these institutions
improve.
They should conduct the first inspection of child care institutions in
their jurisdiction and submit a report to the concerned government of
the States and Union Territories.It is extremely important to develop an
individual child care plan, and governments in all states and territories
must ensure that every child in every daycare center has a child care
plan.This process may seem long and arduous, but it is necessary.
CONCLUSION &SUGGESTIONS
The court noticed the Government’s lackadaisical and apathetic way of
dealing with this subject. So, the court studied the case very
meticulously and tried to cover every area of the case to give proper
directions to the State and the Union Governments in each one of
them. The Court successfully covered even the minute areas of the case
so that no conflict can arise and the Governments adhere to the direct
ions given to them efficiently.
THANKING YOU