SC Issues Notice to State Govts on Rights of Orphaned Children

The bench sought reports on how the orphanages are administered and treatment meted out to the children.  

2 min read
File photo of the Supreme Court of India. 

A Supreme court bench led by Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on 4 January issued notices to all states and union territories seeking reports on trafficking of children and management of orphan homes within two weeks, News18 reported. The bench will now hear the case on 22 January.

The order was in response to a case filed by the National Commission for Protection of Child Rights (NCPCR) accusing the West Bengal government of gross violation of rights of the orphaned children.

The NCPCR had alleged that the WB Government had illegally formed ad-hoc committees for adoption. Later, the Calcutta High Court had deferred the NCPCR proceedings against the state, United News of India reported.


The bench observed that the issue regarding the illegal trafficking of orphans is a “national issue” that “knows no boundaries”, a Livelaw report mentioned.

Right of a child in a society is absolutely sacred, for the future of the country depends upon the character and destiny of a child. The State has a great role in securing such destiny and character.
Dipak Mishra, Chief Justice of India

The bench referred to the clauses of Protection of Human Rights Act, which laid down that children cannot be abandoned or parted away as per the discretion of the orphanage in-charges.

In light of the above situation, the bench stated that a comprehensive view of the issue regarding the running and administration of orphanages and the treatment meted out to the children was required.

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(With inputs from News18, LiveLaw)

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