The Supreme Court, on its own, took note on Friday of the condition of the children in protection, juvenile and foster or kinship homes across the country amid the coronavirus outbreak and issued directions to the state governments and various other authorities to protect them.
The top court said as the COVID-19 pandemic is intensifying in the country, it is important that urgent measures are taken on priority basis to prevent the spread of the virus to child care institutions (CCIs), the children in need of care and protection (CNCP), children in contact with the law (CiCWL) in observation homes and children in foster and kinship care.
It said the juvenile justice boards (JJBs) should consider steps to release all children alleged to be in conflict with law residing in observation homes on bail, unless there are clear and valid reasons not to do so.
A bench of justices L Nageswara Rao and Deepak Gupta said, "This petition has been listed suo motu because of the COVID-19 pandemic which is sweeping the country. There are children who need care and attention or children in conflict with law who are kept in various types of homes."
It said there are also children kept in foster and kinship care and "in these circumstances, it was felt that the interest of these children should be looked into. The interest of these children, all of whom fall within the ambit of Juvenile Justice (Care and Protection of Children) Act, 2015, should be protected...."
Issuing a slew of directions for the child welfare committee (CWCs) across the country, the apex court said they have to "pro-actively consider steps" to be taken in the wake of the coronavirus outbreak and "special online sittings or video sessions may be called to consider measures" that may be taken to ensure that the children residing in such homes and open shelters are kept away from the risk of harm from coronavirus.
"Gate-keeping or preventive measures need to be considered and families counselled to ensure that institutionalisation is the last resort. Focus should be on prevention of separation when possible," it said.
It said the CWCs would monitor cases telephonically for the children sent back to their families and coordinate through the district child protection committees and foster care and adoption committees for those in foster care.
The top court directed the JJBs and children's courts "to pro-actively consider whether a child or children should be kept in CCIs, considering the best interest, health and safety concerns".
It said video-conferences or online sittings can be held to prevent contact for speedy disposal of cases and the JJBs should ensure that counselling services are provided for all children in observation homes.
The top court directed that all state governments shall circulate information to the CCIs about how to deal with COVID-19 immediately, with instructions that awareness about it is spread in a timely and effective manner.
It asked the states to stay prepared for a disaster or emergency situation that may arise and start developing a system as regards how to organise trained volunteers who could step in to care for children.
The bench pointed out that its directions were formulated on the basis of current information and understanding of COVID-19 precautions and response.
"State governments and nodal departments are therefore requested to keep the superintendents abreast with all relevant advisories and circulars, along with guidance issued wherever required. The Juvenile Justice Committees (JJCs) of every high court shall also ensure that these directions are complied with in letter and spirit. At the same time, it will be ensured that the directions issued by the states in respect of the lockdown shall not be violated," it said.
The top court said it hopes and expects that the district authorities will give the necessary permission to transfer children to their family homes or JJBs or any other authority.
It directed the apex court registry to immediately send a copy of the order by email to the chief secretaries of every state and Union Territory, who shall ensure that a copy of the order, with a translated version in the local language, is sent to all the CWCs and CCIs.
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