SC seeks NCPCR's response on direction to release children from shelter homes in Karnataka

The Supreme Court on Friday sought a response from the National Commission for Protection of Child Rights on its general direction issued to all district magistrates in Karnataka for releasing the children from shelter homes to their families in view of Covid-19 pandemic.

A bench presided over by Justice L Nageswara Rao issued notice to the rights panel while hearing a Suo Motu matter related to contagion of Covid-19 in children protection home.

The court said a general direction can't be issued as several other aspects like seeking parents' nod, health and education were to be considered.

Additional Solicitor General Aishwarya Bhati agreed to seek instructions in 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 parents 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's Senior Consultant, Legal Division, to all the district magistrates of the State of Karnataka directing repatriation and restoration of children placed in the children homes. The panel had then stated that it is the right of every child to grow up in a familial environment. It had favoured for restoring children lodged in protection home with their parents within 100 days after a review by the child welfare committee.

The bench, also comprising Justices Hemant Gupta and Ajay Rastogi, posted the matter for further hearing on November 24.

In April, the court has Suo Motu directed the authorities to consider 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.

The court had also said that urgent measures need to be taken on priority to prevent the spread of the virus to Child Care Institutions (CCIs).

On June 11, the court asked all the state governments to spell out measures being undertaken to prevent infection of Coronavirus among juveniles kept at the protection homes.