Supreme Court directs for releasing juveniles on bail in view of Covid-19

The Supreme Court has directed for releasing on bail all those children, who were kept in observation homes on being found in conflict with the law, as COVID-19 was intensifying in the country.

A bench of Justices L Nageswara Rao and Deepak Gupta said that urgent measures need to be taken on priority to prevent the spread of the virus to Child Care Institutions (CCIs).

"All states need to recognise that COVID-19 has been declared a pandemic, which warrants urgent attention and action to preempt emergency and disaster situations from arising with regard to children in State care," the bench said.

The top court issued a slew of directions on Friday, after suo moto registering a case as 'In Re Contagion of COVID-19 in Children Protection Homes', "because of the pandemic, which is sweeping the country".

The court, however, stressed that it will be ensured that the directions issued in respect of lock­down would not be violated.

The directions included keeping hygiene behaviour, maintaining social distancing, cleaning and disinfecting rigourously and avoid watching, reading, listening or discussing too much news about the COVID-19 and persuading children to divert their attention to other topics as well.

In the measures to be taken by Child Welfare Committee, the bench directed for holding special online settings or video sessions, considering the best interest, health and safety concerns.

In directions to Juvenile Justice Boards and Children Courts, the bench said they should consider taking steps to release all children on bail unless there are clear and valid reasons against it.

Among others, the court said video conferencing or online sittings can be held to prevent contact.

"It is important to consider that violence, including sexual violence, may be exacerbated in contexts of anxiety and stress produced by lockdown and fear of the disease. JJBs would need to monitor the situation in the Observation Homes on a regular basis," the bench said.