SC to examine functioning of orphanages across country

SC to examine functioning of orphanages across country

The Supreme Court on Thursday decided to examine the  state of affairs at orphanages across the country, saying if children are sold over there, nothing can be more disastrous for the country.

"A child cannot be parted ways with at the whims and fancies by person-in charge of orphanages. Such a person would be liable for violation of human rights. It is necessary to have a  comprehensive view of orphans, orphanges, mode and method of adoption and treatment meted out to children,"  a three-judge bench presided over by Chief Justice Dipak Misra said.

The court issued a  notice to all states and Union Territories and sought their response within two weeks. It put the matter for consideration on January 22.

The court admitted for consideration a special leave petition argued by Additional Solicitor General Tushar Mehta on behalf of the National Commission for Protection of Child Rights (NCPCR).

Observing that the rights of a child is to be absolutely sacred, the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, stayed a Calcutta High Court order of August 28 last year that had restrained the top child rights' body from taking cognisance of allegations of child trafficking from an orhpange at Jalpaigudi in West Bengal on the basis of a news report.

The  high court had passed its order on a plea by Additional DGP of West Bengal contending that the matter should be left to the state commission for protection of child rights to consider.

Mehta submitted such cases had pan India repercussions and at times child trafficking had cross-border connections.

The court broadened the scope of the petition and ordered for making all states as parties.

The court also sought to know from the states if a special court under the Protection of Human Rights Act ,1993, has been set up over there to deal with cases of violation of human rights.

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