RE. EXPLOITATION OF CHILDREN IN ORPHANAGES IN THE STATE OF TAMIL NADU versus UNION OF INDIA & ORS.

Citation: [2013] 17 S.C.R. 1087 · Decided: 16-12-2013 · Supreme Court of India · Bench: S.S. NIJJAR, F.M. IBRAHIM KALIFULLA

Judgment (excerpt)

[2013) 17 S.C.R. 1087 
RE. EXPLOITATION OF CHILDREN IN ORPHANAGES IN 
A 
THE STATE OF TAMIL NADU 
v. 
UNION OF !NOIA & ORS. 
(Writ Petition (Crl.) No.102 of 2007) 
DECEMBER 16, 2013 
[SURINDER SINGH NIJJAR AND FAKKIR MOHAMED 
IBRAHIM KALIFULLA, JJ.] 
B 
Child Welfare - Directions passed by the Supreme Court c 
-
To all the States and Union Territories - To implement 
protective provisions contained in Protection of Rights of 
Children from Sexual Offences Act, 2012 - Rights of Children 
to Free and Compulsory Education Act, 2009 and the 
Commission for Protection of Child Rights Act - The Court 
had also directed the States and Union Territories to establish 
D 
protection institutions/implementation institutions, with 
necessary Rules and Regulations, and to file an affidavit 
indicating the time frame within which State Commission for 
the protection of children would be established - Writ petition 
indicating non-compliance of the directions - Held: It is the 
E 
bounden duty of the States u!Arts. 21, 21A, 23, 24, 45 and 
51 A(k) of the Constitution to create and maintain a protective 
and healthy environment for children - There is little or no 
progress in compliance of the directions - Some of the States 
have not constituted the State Commissions, and some of the 
States which have established the Commission, have not 
F 
completely constituted the same by either '
1not appointing 
Chairman or Members - Hence further directions B(e issued 
to ensure that exploitation of children in all spheres of life is 
brought to an end with utmost expedition - Chief Secretaries ' 
of all the States are directed to file affidavits disclosing full 
G 
details with regard to the implementation of the obligations 
specified under the above-mentioned three Acts - Protection 
of Child from Sexual Offences Act, 2012 - Right of Children 
to Free and Compulsory Education Act, 2009 - Commission 
1087 
H 
1088 
SUPREME COURT REPORTS 
[2013] 17 S.C.R. 
A fOr Protection of Child Rights Act, 2005 - Constitution of India, 
1950 - Arts. 21, 21A, 23, 24, 45 and 51A(k) 
B 
CRIMINAL ORIGINAL JURISDICTION : Writ Petition (Crl.) 
No.102 of 2007. 
Under Article 32 of the Constitution of India. 
A. Mariarputham, AG, Paras Kuhad, Indira Jaising, ASGs, 
C.S. Rajan, lrshad Ahmad, Dr, Manish Singhvi, Krishna Sarma, 
Ajay Bansal, Manjit Singh, AAGs, Aparna Bhatt (AC), P. 
Ramesh Kumar, D. Bharathi Reddy, Abhijit Sengupta, Gopal 
C Singh, Manish Kumar, Rituraj Biswas, Sanjay R. Hegde, Naresh 
K. Sharma, Dharmendra Kumar Sinha, Pragyan P. Sharma, 
Heshu Kayina, P.V. Yogeswaran, Sunita Sharma, P.L. Nigam, 
Swati Vijaywargiya, B.K. Prasad, B.V. Bairam Das, D.L. 
Chidananda, A. Deb Kumar, Sushma Suri, Sonakshi Malhan, 
Ashok K. Srivastava, Asha G. Nair, Shadman Ali, Gunwant 
D Dara, S. Wasim A. Qadri, Zaid Ali, D.S. Mahra, Anil Katiyar, 
S.N. Terdal, Sapam Biswajit Meitei, Khwairakpam Nobin 
Singh, Ameet Singh, Mukul Singh, Pragati Neekhra, Samar 
Vijay Singh, Amit Lubhaya, Suryanarayana Singh, Hemantika 
Wahi, Anuvrat Sharma, Riku Sarma, Navnit Kumar (for Mis 
Corporate Law Group), S. Thananjayan, Anil Shrivastav, V.G. 
E Pragasam, S.J. Aristotle, Prabu Ramasubramanian, Jayesh 
Gaurav, Gopal Prasad, Balaji Srinivasan, Ranjan Mukherjee, 
S.C Ghosh, S. Bhowmick, R.P. Yadav, Kuldip Singh, Devendra 
Singh, Jasleen Chahal, Pardaman Singh, Rajeev Kumar, 
Gaurav Yadav, Bina Madhavan, Jatinder Kumar Bhatia, Mukesh 
F Verma, C.D. Singh, Sunny Choudhary, Dr. Abhishek Atrey, 
Ashutosh Kr. Sharma, Ashok Panigrahi, Santosh Kumar, Aruna 
Mathur, Yusuf (for Arputham Aruna & Co.), A. Subhashini, M. 
Yogesh Kanna, A. Santha Kumaran Vanita Chandrakant Giri, 
Vivekta Singh, Anil Antil, Tarjit Singh {for Kamal Mohan Gupta), 
K. Enatoli Serna, Amit Kumar Singh, D. Mahesh Babu, Aditya 
G Jain, Balasubramaniam, K.V. Jagdishvaran, G. Indira, 
Abhishek Kumar, Pandey, Aniruddha P. Mayee, Charudatta 
Mahindarkar, Lagnesh Mishra, V.N. Raghupathy, Anip 
Sachthey, Mohit Paul for the appearing parties. 
H 
The following Order of the Court was delivered 
RE. EXPLOITATION OF CHILDREN'iN ORPHANAGES IN THE 1 ~9 
STATE OF TAMIL NADU v. UNION OF INDIA 
ORDER 
1. We have heard very lengthy submissions from the 
Amicus Curie Ms. Aparna Bhat, Ms. Indira Jaising, ASG, Mr. 
Parc:is Kuhad, ASG. 
2. It has been brought to our notice that inspite of the 
emphatic directions that have been issued by this court on 3rd 
January, 2013 directing all the States and the l.Jnion Territories 
to implement t

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