SC directs state authorities to ensure basic needs, education for children affected in pandemic

The Supreme Court has directed all the states to continue identifying children orphaned during the Covid-19 pandemic, and ensure their basic needs, including continuance of education in government or private schools.

A bench of Justices L Nageswara Rao and Aniruddha Bose issued a slew of directions to consider the needs and monitor welfare of "the disconsolate children who are devastated by the catastrophe of losing their parent/parents".

Read | 3,621 children orphaned during Covid-19 pandemic, NCPCR tells SC

The court directed all the states to ensure financial benefits under various schemes were provided to them.

"After the identification of the children who have become orphans or lost one parent, prompt action has to be taken to provide the basic needs of the children. The District Child Protection Officer should act swiftly to contact the child. The District Child Protection Units shall ensure that adequate provision is made for the ration, food, medicines, clothing etc to the child," the bench said.

Accepting suggestion by amicus curiae Gaurav Agrawal, the court directed the state governments and Union Territories to make provisions for continuance of education of the children both in government as well as in private schools. The court also directed the authorities to take action against those NGOs or individuals who were indulging in illegal adoptions of such children affected during the pandemic.

In a detailed order in a Suo Motu matter, the bench directed the state governments or the Union Territories to continue identifying the children who have become orphans or lost a parent after March, 2020 either due to Covid-19 or otherwise and provide the data on the website of the NCPCR without any delay.

The identification of the affected children can be done through Childline (1098), health officials, Panchayati Raj Institutions, police authorities, NGOs etc, it said.

The court noted that the information provided by the State Governments and Union Territories on the ‘Bal Swaraj’ portal of the National Commission for Protection of Child Rights (NCPCR) upto June 05, 2021 showed that there are 3,621 orphans, 26,176 children who have lost one parent and 274 children who have been abandoned since April, 2020.

The court directed the DCPO to produce the child before Child Welfare Committee if he is not prima facie satisfied that the guardian is capable of taking care of the child. The CWC is directed to take steps in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) and the Rules framed thereunder to conduct an inquiry. During the pendency of the inquiry, the CWC is directed to ensure that the basic needs of the child are taken care of, it said.