New Delhi (ILNS): The Supreme Court today wanted a second opinion on the National Commission for Protection of Child Rights’ (NCPCR) recommendation that children lodged in child protection homes should be sent back to their families. This issue arises because of the fear of children in these homes contracting Covid-19. The court has sent a notice to the NCPCR for a response.
The bench of Justices J L Nageswara Rao, Hemant Gupta and Ajay Rastogi was hearing a suo motu petition pertaining to the conditions of child protection homes across the country within this pandemic.
Amicus Curiae Gaurav Agarwal informed the bench that as per the letter issued by the NCPCR, a recommendation has been made to send back children lodged in child protection homes to their families. The court, however, refrained from passing a general order, since restoration of children will have to be made on a case-to-case basis.
Concurring with the bench’s view, Additional Solicitor General Aishwarya Bhati sought the bench’s permission to seek instructions on the above recommendation of the NCPCR.
On September 24, the NCPCR in consultation with the Child Welfare Committees had sent letters to district authorities of eight states to send back the children lodged in Child Protection Homes back to their families. This has been opposed by many civil society groups, because they say it violates the Juvenile Justice (Care and Protection of Children) Act, 2015.
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As per the Child Protection Policy of the Department of Women and Child Development,
“The Child Protection Policy… aims to establish mechanisms for the protection of all children in need of care and protection and children in conflict with law from any type of abuse, exploitation or neglect and ensure immediate and stringent action in case of any instances of abuse of children in the Homes/Institutions and take remedial measures.”