RE: EXPLOITATION OF CHILDREN LN ORPHANAGES LN THE STATE OF TAMIL NADU versus UNION OF LNDIA & ORS.

Citation: [2017] 4 S.C.R. 625 · Decided: 05-05-2017 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Directions issued
cites 5 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

[2017] 4 S.C.R. 625 
RE: EXPLOITATION OF CHILDREN lN ORPHANAGES lN THE 
A 
STATE OF TAMIL NADU 
v. 
UNION OF lNDIA & ORS. 
(Writ Petition (Criminal) No.102 of2007) 
MAY05,2017 
(MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] 
Juvenile Justice (Care and Protection of Children) Act, 2015: 
B 
s.2(14) - Children in need of care and protection - Who is a 
C 
child in need of care and protection - The provisions of the Protection 
of Children from Sexual Offences Act, 2012 (POCSO Act) do not 
provide any definition of a child in need of care and protection - A 
child victim of sexual abuse or sexual assault or sexual harassment 
is a child in need of care and protection - Similarly, a cliild accused D 
ofan offence and brought before the Juvenile Justice Board or any 
other authority might also be a child in need of care and protection 
-
Although a child in need of care and protection is defined in. 
s.2(14) of the JJ Act, 2015, the definition does not specifically 
include some categories of children - Consequently, since f/;e JJ 
Act is intended for the benefit of children and is intended to protect 
E 
and foster their rights, the definition of a child in need of care and 
protection has to be given a broad interpretation - It must also 
include victims of sexual abuse or sexual assault or sexual 
harassment under the POCSO Act as also victims of child trafficking 
-
Such children must also be given protection under the provisions 
F 
of the JJ Act being victims of crime under the POCSO Act an(i the 
Immoral Traffic (Prevention) Act, 1956 - Commissions for Protection 
of Child Rights Act, 2005 - Right of Children to Free and Compulsory 
Education Act, 2009 - Protection of Children from Sexual Offences 
Act, 2012 - Immoral Traffic (Prevention) Act, 1956 - Child abuse -
Trafficking of children. 
G 
s.41 - Child care institµtions - Shelter Homes - Children in 
need of care and protection are given shelter in homes thm are 
managed by the State Government or by_NGOs or by voluntary 
organizations - s.41 of the JJ Act which mandates, notwithstanding 
625 
H 
626 
SUPREME COURT REPORTS 
''"'': 7] 4 S.C.R. 
A anything contained in.any other law/or the time being in force, 
that all institutions, whether run by a State Government or by 
voluntary organizations or NGOs which are meant, either wholly 
or partially, for housing children in need of care and protection 
shall be registered under the JJ Act in such manner as •nay be 
B prescribed within six months of the commencement of the said Act -
The JJ Act came into force on 15'h January, 2016 but the process of 
registration is not yet complete - The Union Government and the 
governments of the States and Union Territories are directed to 
complete the process of registration of all child care institutions by 
31-'' December, 2017 with the entire data being confirmed and 
C validated - The registration process should also include a data base 
of all children in need of care and protection which should be 
updated every month - While maintaining the database, issues of 
confidentiality and.privacy must be kept in mind by the concerned 
authorities - Juvenile Justice (Care and Protection of Children) 
D Model Rules, 2016 - r.21. 
E 
Minimum Standards of care and protection of children -
Art.3(3) of the CRC specifically obligates the State Parties te ensure 
that institutions responsible for care and protection of children shall 
conform to standards laid down by competent authorities, 
particularly in areas of safety, health, staff and supervision -
However, the minimum standards of care prescribed for institutions 
cannot be ensured if the child care institution is not identified and 
regist'!red - The Model Rules deal with the staffing pattern of child 
care institutions, physical infrastructure, clothing, bedding, toiletries 
and other articles, sanitation and hygiene, daily routine, nutrition 
F and diet scale, medical health, mental health, education, vocational 
and recreational facilities and genuine efforts in the rehabilitation 
and re-integration of such children into society - All these 
requirements are rendered unenforceable in the absence of 
registration of child care institutions - If the officers of the State do 
not ensure that minimum standards of care are followed in the child 
G care institutions, they could well be guilty of negligence - The Union 
Government and the governments of the States and Union Territories 
are directed to enforce the minimum standards of
Excerpt shown. Read the full judgment & AI analysis in Lexace.