LAWS(KER)-2020-4-43

SUO MOTU Vs. STATE OF KERALA

Decided On April 06, 2020
SUO MOTU Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The Supreme Court of India, in the Suo Motu Writ Petition (Civil) No.4 of 2020, have issued directions to all the stakeholders who are managing the affairs of the Children Homes functioning under the Juvenile Justice (Care and Protection of Children) Act, 2015, [hereinafter called 'JJ Act'] taking into account the COVID-19 pandemic, to follow the advisories issued thereunder. It was on the basis of the said directives, we have impleaded the Special Secretary, Social Justice Department, Government of Kerala, Secretariat, Thiruvananthapuram, and the Director, Women and Child Development Department, Government of Kerala, Thiruvananthapuram, to monitor the matter and ensure protection of the children in the Children Homes as is directed by the Apex Court, especially to the Juvenile Justice Committee of the High Courts. The order of the Supreme Court is self explanatory, and it reads thus:

(2.) This petition has been listed suo moto because of the COVID?? ?19 pandemic which is sweeping the country. There are children who need care and attention and are kept in or children in conflict with law who are kept in various types of homes. There are also children who are kept in foster and kinship care. In these circumstances, it was felt that the interest of these children should be looked into. Interest of these children all of whom fall within the ambit of Juvenile Justice (Care and Protection of Children) Act, 2015 should be protected and to prevent the same, the following directions are issued.

(3.) As the pandemic COVID-19 is intensifying in India, it is important that urgent measures need to be taken on priority to prevent the spread of the virus to Child Care Institutions (CCIs). These include children in need of care and protection (CNCP), and children in contact with the law (CiCWL) in Observation Homes. These directions also apply to children in foster and kinship care.