JAYA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) These habeas corpus petitions have been filed for a direction to the respondents to produce the minor children of the respective petitioners before this Court.

(2.) The background of the case, in a nutshell, could be stated hereunder, which led the Court, to appoint amicus curiae to submit their suggestions. In respect of some children, who were in need of protection and care and staying in Rainbow Life Children's Home at Tiruvannamalai, the present petitions were filed on the complaint that the children, who were supposed to be in the said Home were shifted to the Government Shelter Home, Tiruvannamalai and for further direction to produce them and set them at liberty to accompany their parents. On an enquiry by the Court, it came to light that the said Home, a voluntary Non-Governmental Organisation, was ordered to be closed down on complaint of malnutrition, sexual abuse, etc. In the above backdrop, since the safety and security of the children in the abovesaid Home takes paramount importance, this Court , in view of the nature of issue involved, thought it fit enough to appoint Mr.Bharatha Chakravarthy, Addl. Public Prosecutor (Pondy) and Mr.S.Gunasekaran, Addl. District Judge, Fast Track Court, Vellore, as Amicus Curiae to assist the Court as to the steps that needs to be taken in the matter so as to avoid recurrence of problems of above nature in the child welfare homes in future.

(3.) In consonance with the directions issued by this Court, the learned Amicus have submitted separate report. This Court perused the individual reports submitted by the Amicus Curiae relating to the various issues that concern the children homes and have also suggested various measures, which could be taken up so that the prophetic words of the Hon'ble Supreme Court that a child is a national asset and it is the duty of the State to look after the children and to ensure full development of their personality is understood and adhered in letter and spirit. (See : Sheela Barse (II) and Ors. - Vs - Union of India (1986 (3) SCC 632).