38.6c New Delhi, India, Tuesday, July 23, 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 Judiciary
NEET-UG: SC asks IIT-Delhi to apprise it of correct answer of a question where two options are found as correct

SC asks IIT-Delhi to determine correct answer for NEET-UG question with two correct options, report due by 12 PM Tuesday; court to hear further on re-test plea.

23 July, 2024 09:26 AM
Trending Judiciary
2021 Lakhimpur Kheri violence: SC grants regular bail to Ashish Mishra, son of ex Union Minister Ajay Mishra

SC grants regular bail to Ashish Mishra, son of ex-Union Minister, in the 2021 Lakhimpur Kheri violence case involving the death of eight people.

23 July, 2024 11:02 AM


Trending Judiciary
State govt has got no power to tinker with list of Scheduled Castes: Supreme Court [Read Judgement]

The Supreme Court ruled that state governments lack the authority to modify the Scheduled Castes lists, a power reserved exclusively for Parliament under Article 341.

17 July, 2024 09:31 AM
Trending Judiciary
SC asks Telangana govt to replace judge in Commission of Inquiry into power pact by previous govt

SC directs Telangana govt to replace Justice L Narasimha Reddy in Commission of Inquiry probing former CM KCR's alleged power sector irregularities.

17 July, 2024 09:40 AM
Trending Judiciary
Centre notifies appointments Justice N Kotiswar Singh, Justice Mahadevan as SC judges

Centre notifies appointments of Justice N Kotiswar Singh and Justice R Mahadevan as Supreme Court judges, marking the first SC judge from Manipur.

17 July, 2024 09:57 AM
Trending Judiciary
Imprisonment till rising of court not proper sentence for serious offence of bigamy: SC [Read Judgement]

The Supreme Court ruled that “imprisonment till the rising of the court" is not appropriate for bigamy, a serious offence, stressing the need for proportionate punishment.

17 July, 2024 10:00 AM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email