38.6c New Delhi, India, Friday, April 12, 2024

SC seeks NCPCR 's response on directions to release children from Karnataka shelter homes in view of the pandemic

By LAWSTREET NEWS NETWORK      10 October, 2020 09:21 PM      0 Comments
SC seeks NCPCR 's response on directions to release children from Karnataka shelter homesin view of the pandemic

On Friday ( October 9, 2020), the Supreme Court demanded that the National Commission for the Protection of Child Rights respond to its general direction given to all district magistrates in Karnataka for the release of children from shelter homes to their families in view of the pandemic of Covid-19.

 A bench chaired by Justice L Nageswara Rao given a notice to the rights panel while hearing a Suo Motu matter related to Covid-19 infection in children's home safety.

Justice Rao observed that general guidance could not be given as there were numerous aspects that had to be addressed, such as obtaining parental approval, educational control, health, etc.

Additional Solicitor General Aishwarya Bhati agreed to seek instructions on the matter. Amicus curiae advocate Gaurav Agrawal agreed repatriation has to be on a case-to-case basis. He also submitted that the power to restore the child to the parent can be only after determining the suitability of the parents to take care of the child as provided in Section 40(3) of the Juvenile Justice Act, 2015.

On September 24, the NCPCR issued letters to district authorities in eight states initiating a mechanism to restore children lodged in childcare facilities back to their families following a review by the Child Welfare Committees.

Many civil society groups have called for the removal of the letter and have argued that it is against the Juvenile Justice (Care and Safety of Children) Act, 2015's intent, values, and spirit.

On April 2, following the COVID-19 pandemic, a Division Bench consisting of Justices L. Nageswara Rao and Deepak Gupta had taken suo moto cognizance of the conditions of child protection homes throughout the world. Directions to protect state governments and numerous other agencies have been given to protect them.

The court also noted that immediate steps to prevent the spread of the virus to child care institutions (CCIs) must be taken on a priority basis.

The bench, also comprising Justices Hemant Gupta and Ajay Rastogi, posted the matter for further hearing on November 24.

Share this article:


Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more


Leave a feedback about this

Trending Business
SC sets aside judgment upholding arbitral award against DMRC [Read Judgment]

Supreme Court overturns arbitral award favoring Reliance Infrastructure subsidiary against DMRC, citing grave miscarriage of justice.

11 April, 2024 11:43 AM
Trending Political NEWS
Delhi HC rejects third plea for Arvind Kejriwal's removal as Delhi CM, blasts petitioner for abuse of judicial process [Read Judgment]

Delhi High Court dismisses the third PIL plea before it seeking Aam Aadmi Party leader Arvind Kejriwal’s removal as Chief Minister of Delhi, imposes Rs. 50,000 cost on petitioner.

11 April, 2024 03:29 PM


Trending Judiciary
Supreme Court Rejects Plea to Repatriate Mortal Remains of Sufi Saint from Dhaka

Supreme Court declines plea to repatriate mortal remains of Sufi Saint, an Indian-born Pakistani national who died in Dhaka.

06 April, 2024 01:40 PM
Trending Judiciary
'28 % GST on online gaming companies,' SC transfers to itself all pleas pending in 9 HCs

Supreme Court consolidates 27 petitions challenging the 28% GST on online gaming companies from 9 High Courts, amid legal disputes over tax rates.

06 April, 2024 01:45 PM
Trending Judiciary
SC grants bail to Prof Shoma Sen in Bhima Koregaon case [Read Judgment]

SC grants bail to Prof Shoma Sen in Bhima Koregaon case, citing lack of evidence linking her to banned terrorist group CPI (Maoist). Details inside.

06 April, 2024 01:58 PM
Trending Judiciary
SC directs TN DGP to hold inquiry for blatant, shocking acts by police in tutoring witnesses [Read Judgment]

Supreme Court directs Tamil Nadu DGP to investigate police misconduct in witness tampering, leading to acquittal in murder case.

06 April, 2024 05:31 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email