PRETTY RACHEL KOSHY Vs. STATE GOVERNMENT OF KERALA,

JUDGEMENT

(1.) THE writ petition concerns the future of 24 children hailing from West Bengal and Nepal, who were rescued from Raj Kamal Circus. According to the Petitioner, on rescue of these children, they were produced before the Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act, 2000. It is stated that, under the orders of the Committee, 13 among them are now accommodated at Children's Home at Kakkanad and the remaining 11 at the Mahila Mandiram, Chambakkara. In this writ petition, what the Petitioner complains is regarding the alleged delay on the part of the State Government in restoring the children to their respective parents in discharge of their obligations under the Act referred to above.

(2.) ON the other hand, what the learned Government Pleader submits is that, on rescue of the children, these childrens have been accommodated in places mentioned above. It is stated that the Government have sanctioned appropriate amount for restoring the children to their parents and that the District Collector has already taken steps for identifying the parents of the concerned children for taking appropriate action for their restoration. When this submission was made, learned Counsel for the Petitioner submits that, the children hailing from West Bengal are from Jalpaiguri and Siliguri Districts. It is stated that now that their whereabouts are thus identified, it is incumbent on the State Government to discharge its duties under Section 38 of the Act. It is stated that the situation cannot justify any further delay, and therefore, this Court should direct restoration of the children forthwith.

(3.) BE that as it may, transfer of children rescued has to be dealt with as per Section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2000, which reads as under.