Muslim body moves HC against law to admit kids of all faiths

A Muslim minority institution today moved the Delhi High Court against a provision in the juvenile law which makes it mandatory to admit children of all religions.
The high court sought responses from the Centre and the Delhi government on the institution's plea challenging the provisions of the 2015 Juvenile Justice (Care and Protection) Act, contending that these were violative of freedom to practice, propagate and manage one's religious affairs guaranteed under the Constitution.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar issued notices to the Women and Child Development Ministry and the same department of the Delhi government for October 13 on the plea by 'Bachchon Ka Ghar', which claims to be a religious minority institution.

The institution, dependent on voluntary donations by affluent sections of the Muslim community, said it provided boarding and education to orphan children on religious, moral and technical grounds and it would not be conducive for it or the child of any other faith to be admitted here.
"Moreover, there would always lurk a danger of petitioner institution facing outrages from the public regarding forcible religious conversions etc," said the plea, which sought to declare certain provisions and rules of Juvenile Justice (Care and Protection of Children) Act, 2015 as violative of articles and ultra vires the Constitution.
Advocate Tushar Rao, who appeared for the institution founded in 1891, submitted before the court that the children were brought up in traditional Muslim practices including attending 'namaz' in a mosque, teaching of religious text, feeding non-vegetarian food, which the children from other faiths may not be comfortable with.

"Children Welfare Committee (CWC) set up under the JJ Act has been proposing to send children of other religious denomination to be admitted to the institution which would be contrary to and violative of the fundamental rights guaranteed under Articles 25 and 26 read with article 14 of the Constitution.

"It is therefore submitted that the provisions of the said Act and Rules, Regulations and the procedures under the Juvenile Justice Act, 2015 are violative and ultra vires the Constitution and ought to be struck down," the petition filed through advocates Mayank Sharma and Vikas Pakhiddey said.
It also sought the court's direction to Department of Women and Child Development to renew or issue a license to the society under the relevant provisions.

The plea said that section 41 of the JJ Act mandated that all child care institutions -- children homes or observation homes -- involved in taking care and protection of minors be registered under the Act, 2015.
This section provides the CWC the right, authority and power to send or transfer any child in need of care and protection to the petitioner institution thereby creating an anomalous situation, it said.
"Moreover, the society does not fall within the meaning of 'children home', 'observation home', 'shelter home', 'place of safety', special adoption agency' or even a 'fit facility' as per the definitions contained in the Act," it said.

It claimed that there was no need for it to be registered under the JJ Act, nor was it applicable in any manner and the insistence of CWC upon the institution to get registered under the Act was without any power, authority or jurisdiction.
The plea said the petitioner was providing boarding, lodging, education regarding religious, moral, technical and others to more than 170 to 180 orphan children through its two institutions, one each for boys and girls.