‘Children’s homes aren’t free hostels’
MUMBAI: The Bombay high court has said that children’s homes are not free-of-charge lodgings and boarding facilities and that children who are not in need of care and protection cannot be lodged in such homes only for the convenience of their parents.
The comment came after the division bench of justice RM Borde and justice AM Dhavale noticed that many children were admitted to children’s homes only with the intention of saving money and avoiding the hardships caused to parents.
“Such children were residing in children’s homes as if they are free lodging/boarding or a free hostel, and would visit their houses when the schools would close during Diwali and summer vacation,” said the bench. “It is a clear misuse of provisions of the Juvenile Justice Act,” it added.
Upholding a circular issued by the commissioner, Women and Child Development ministry, the bench said children having one or both parents cannot be admitted to children’s homes unless the parent is or both the parents are unfit to take care of the child.
The commissioner had issued the circular on June 1, 2016 instructing all child welfare committees to not admit children in
need of care and protection to children’s home, unless the children are orphans or their parents are unfit to take care of the child, as contemplated under provisions of the Juvenile Justice Act.
The Child Welfare Committee (CWC) at Parbhani, following the circular, cancelled admissions of all children in need of care and protection, who had at least one parent alive, to children’s homes. The circular further stated to handover all such children to their respective parents.
After the admissions were cancelled, a Latur-based association of children’s homes had approached high court challenging the validity of the circular.
The association argued that both – the circular and the directions issued by the Parbhani CWC, were contrary to the provisions of the Juvenile Justice Act, 2015. The association said children having one or both parents may also need care and protection if the parents are unfit to take care of them or the parents themselves are subjecting the children to exploitation, abuse or neglect.
The court, however, found no fault with the circular. It said the CWC at Parbhani had misconstrued it. The circular only instructed CWCS to ascertain the need of care and protection of children before admitting them to children’s homes.