DIGVIJAY SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following reliefs:-

(2.) The grievance of the petitioners are that they are the parents of the 16 children, who have been allegedly rescued by the respondent No.4/Child Welfare Committee, Alirajpur on the pretext that the hostel in which, the children were staying, were running in contravention of Ss. 41 & 42 of the Juvenile Justice Care & Protection of Children Act, 2015 (hereinafter referred to the Act of 2015).

(3.) Counsel for the petitioners has submitted that Ss. 41 and 42 of the Act of 2015 would not be applicable in the present case, as it is neither a case where the children were in need of care and protection, as per Sub-Sec. (14) of Sec. 2 of the Act 2015, neither the children are in conflict with law as provided under sub Sec. (13) & (14) of Sec. 2 of the Act, 2015. Thus, it is submitted that the respondents may be directed to release the children so that they can study from their hostel as all of them are school going children, and only because of the arbitrariness of the respondents, they are being retained in the child care home, the facilities of which are also not at par with the hostel in which they were earlier residing as per wishes of their parents.