Re: Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India & Ors.

Writ Petition (Criminal) · Neutral citation not assigned (Writ Petition (Criminal) No. 102 of 2007)Decided 5 May 2017
Writ Petition (Criminal) No. 102 of 2007
Justice Madan B. Lokur · Justice Deepak Gupta

Background

This decade-old PIL began in 2007 after a Hindi newspaper report exposed alleged systemic sexual abuse of children in orphanages in Tamil Nadu, including children being trafficked for sexual services to tourists. Over the years the Supreme Court expanded the case into a broader examination of how well India's child-protection laws, the Juvenile Justice Act, the POCSO Act, and the Commissions for Protection of Child Rights Act, were actually being implemented by the Union and State Governments.

Decision Breakdown

The Court found implementation of these child-protection laws to be badly lacking nationwide: many child care institutions remained unregistered and uninspected, State Child Rights Commissions were vacant or defunct, and crores of rupees in central child-welfare grants were going unspent by the States despite claims of fund shortages. The Court held that the statutory definition of a "child in need of care and protection" must be read broadly and purposively, not narrowly, so that no vulnerable child falls outside legal protection. It issued fifteen specific, time-bound directions to the Union and State Governments, including completing registration and inspection of all child care institutions, filling vacancies in child rights commissions, preparing individual care plans for each child, conducting social audits, and training personnel, with a status report on compliance due by January 2018, keeping the case open to monitor implementation ("continuing mandamus").

Lesson Learnt

Having child-protection laws on the books is not enough: courts can and do hold governments accountable through ongoing, time-bound directions to ensure laws meant to protect vulnerable children (such as registration and inspection of orphanages) are actually implemented, not left as dead letters.

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