Title: In Re: (Suo Moto) v/s State of Uttar Pradesh
Citation: PIL No. 2495 of 2023
Decided on: 19.10.2023
Coram: Hon’ble Chief Justice Pritinker Diwaker, Hon’ble Justice Ajay Bhanot
Introduction:
Inspection of various child care institutions throughout the State of U.P. was conducted by Hon’ble Justice Ajay Bhanot, revealed various shortcomings and deficiencies in the running of the institution which directly implicate the fundamental rights of children of the said homes under Article 21 of the Constitution of India.
Facts:
The shortcomings and deficiencies in running of the institution affects the Fundamental Right of children, the fundamental right to live with liberty under article 21 of the constitution is being violated due to shortcomings in the running of these child care institutions. Some of the shortcomings noticed are as follow:
- The children are living in cramped conditions with little or no access to sunlight, fresh air, playgrounds or open spaces. The living conditions will impede a holistic growth of the children.
- The staff in such homes is the most critical part of the functioning. In many cases the homes are not being headed by duly appointed supervisors and other staff members are not adequately trained
- The budget allocation for the food items/diet, and other necessities of live has not been revised in many years
- The educational facilities also need to be upgraded and diligently monitored.
- Emotional development and physical activities of the children in these homes need special attention since they live in circumstances very different from other children.
- The girl child has to be taken special care of and lady counsellors should appointed
Judgement and Analysis:
The living condition in these child care institutes are worst than prison cells, Various directions have been issued by the Juvenile Justice And POCSO Committee of this Court requesting the State Government to forthwith initiate measures to shift the homes where children live in overcrowded conditions to more spacious places with adequate facilities.
The State Government was directed to undertake an exercise for admission of the children in schools of repute in the vicinity of the homes. children of the homes shall be given the benefit of reservation in schools of repute in the Right to Education Act. Court also added State Government may consider waiving the requirement of income certificate of families for the purpose of grant of such benefit.
The Principal Secretary was directed to disclose the number of observation homes of different categories whether run by the Government or private agencies in the State of U.P. and with the aid of the Government on the next date and the number of children of different age groups residing in such institution.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written By: Sushant Kumar Sharma
