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A PIL filed by Poulomi Pavni Shukla for the rights of orphans was admitted by the Supreme Court and a notice was further issued to the Central and State governments. The PIL seeks for reservation of orphans in education and jobs along with monetary benefits as provided to the SC/ST community. It was contented by the petitioner that the protection of orphans will fall within the ambit of “parens patraie” jurisdiction of the court.
The PIL alleged that the Right to Equality of “orphans” is violated when the government gives more financial, educational and other empowerment support to children with parents. It was further professed that India has around 2 crores orphans and while the Government’s flagship scheme for “Child Protection”: ICPS (Integrated Child Protection Scheme) is meant to take care of these 2 crores children, it only covers around 1 lakh children per year. No scholarships or fellowships are provided for the education of these children and around 117 districts in India do not even have a single orphanage home. The petition further sheds light on the lackadaisical approach of the government in not implementing the mandatory registration of all “Children Homes” as per the provisions of the Juvenile Justice Act of 2015. The petitioner also professed the need to have an official census or survey to understand the “Children in Need of Care and Protection problem” as prevalent in many backward countries.
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