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Yesterday, the Supreme Court wanted an opinion on the National Commission for Protection of Child Rights’ (NCPCR) recommendation that children lodged in child protection homes should be sent back to their families. This issue arises because of the fear of children living in these homes contracting Covid-19. The Supreme court had sent a notice to the NCPCR for a response.
The bench of Justices Hemant Gupta and Ajay Rastogi and J L Nageshwara Rao was hearing a suo moto petition regarding the conditions of child protection homes in the country within this pandemic.
Gaurav Agarwal an amicus curiae communicated to the bench that as per the letter issued by the NCPCR, a recommendation has been made to send back children lodged in child protection homes to their families. However, the court abstained from passing a general order, since the restoration of children will have to be made on a case-to-case basis.
Additional Solicitor General Aishwarya Bhati concurring with the bench’s view sought the bench’s permission to seek instructions on the above recommendation given by NCPCR.
The National Commission for Protection of Child's Rights in consultation with the Child Welfare Committees had sent letters to district authorities of eight states to send back the children lodged in Child Protection Homes back to their families. It has been opposed by many civil society groups because they say it violates the Juvenile Justice (Care and Protection of Children) Act, which was passed in 2015.
The Department of Women and Child Development,
\“The Child Protection Policy which aims to set up mechanisms for the protection of children who need care and protection and children in conflict with the law from any type of abuse, exploitation or neglect and ensure immediate and stringent action in case of any instances of abuse of children in the Homes/Institutions and take remedial measures.”
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