ITEM NO.3 COURT NO.3 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 102/2007
RE EXPLOITATION OF CHILDREN IN ORPHANAGES
IN THE STATE OF TAMIL NADU Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(Applications for impleadment and directions)
Date : 11-07-2018 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Ms. Aparna Bhat, Adv. (A.C.)
Ms. Joshita Pai, Adv.
Mr. Huzefa Ahmadi, Sr. Adv.
Mr. Zulfiker Ali P.S, Adv.
Md. Thoyyib Hudawi, Adv.
Ms. Lakshmi Sree Puthenpurackal, Adv.
Mr. Faisal M. Aboobacker, Adv.
Dr. Anindita Pujari, Adv.
Ms. Kavita Bhardwaj, Adv.
Ms. Aarti Kumar, Adv.
Ms. Nidhi Sharma, Adv.
Ms. Harsha Garg, Adv.
For Respondent(s)
UOI Mr. Maninder Singh, ASG.
Ms. V. Mohana, Sr. Adv.
Ms. Rashmi Malhotra, Adv.
Ms. Vimla Sinha, Adv.
Ms. Swarupma Chaturvedi, Adv.
Mr. G.S. Makker, Adv.
Ms. Sunita Sharma, Adv.
Mr. Raj Bahadur, Adv.
Mr. Ravindera Kumar Verma, Adv.
Mr. Mukul Singh, Adv.
Signature Not Verified
Mr. Mohan Prasad Gupta, Adv.
Digitally signed by
MEENAKSHI KOHLI
Date: 2018.07.12
Mr. B.V. Balram Das, Adv.
17:07:36 IST
Reason: Mr. Rohit Rao N., Adv.
Mr. Mukund P. Unny, Adv.
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Mr. Bhuvan Mishra, Adv.
Mr. Sanjiv Das, Adv.
Mr. Arvind Kumar Sharma, Adv.
Mrs. Anil Katiyar, AOR
Ms. Sushma Suri, AOR
Mr. M.K. Maroria, Adv.
Mr. S.A. Haseeb, Adv.
NCPCR Ms. Anindita Pujari, Adv.
Ms. Kavita Bhardwaj, Adv.
Ms. Aarti Kumar, Adv.
Ms. Nidhi Sharma, Adv.
Ms. Harsha Garg, Adv.
Mr. Ashok K. Srivastava, AOR
Kerala Mr. Balgopal, Sr. Adv.
Mr. Mukundan, Adv.
Mr. Nitya Nambiar, Adv.
Mr. G. Prakash, Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have heard the learned Amicus, the learned ASG and learned
senior counsel appearing for the State of Kerala. We have also
gone through the status report presented by the learned ASG in the
Court today in compliance of the judgment dated 03.04.2018. We
have also gone through the affidavit of the Chief Secretary, State
of Kerala filed on 10th July, 2018.
1. List of Child Care Institutions
The learned ASG submits that in the status report in
compliance of the judgment dated 29.01.2018 and 08.03.2018 (Volume
103), it is stated on page 10 thereof that there are 7109 child
care institutions in the country that have been registered, 401 are
in the process of registration, 290 have been temporarily
registered while 64 are unregistered. There is a category called
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'others' which has 763 child care institutions. There are also
child care institutions that are involved in some court case. The
total number of child care institutions comes to 8631.
It is pointed out that the State of Kerala has not provided
information on unregistered child care institutions but it is
reported that there are 1189 orphanages under the control of
Orphanages and Other Charitable Homes (Supervision and Control)
Act, 1960 (for short 'the Act').
It is further stated that some States like Telangana and
Meghalaya have closed down some child care institutions or have
withdrawn their registrations.
The status report of child care institutions, as on 30 th June,
2018, should be placed on record.
In this context, we may also mention that the State of Kerala
has filed an affidavit but there is some lack of clarity in the
facts and figures given by the State of Kerala including number of
charitable institutions registered under the Act as well as the
number of child care institutions that have been converted into
hostels and Madrassa as well as the number of children in these
institutions. The State of Kerala is directed to supply necessary
information on affidavit.
It is further pointed out that the details of the financial
grants given and utilization thereof have not been clearly stated
by the State of Kerala and information in this regard should be
given in detail to the Union of India.
It is submitted by the learned Amicus that as per the
affidavit there are a large number of children who have been sent
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back to their parents and that financial grants for such children
runs into lakhs of rupees. It is not clear whether such saved
funds are being utilized and how they are utilized. This should
also be stated by the State of Kerala on affidavit.
Learned counsel for the State of Kerala has pointed out that
some schemes are being implemented by the State of Kerala. It is
not necessary to make any comment in respect of these schemes or
their utility.
2. Social Audit
Direction No.11 in our judgment dated 05.05.2017 states as follows:
"11. The importance of social audits cannot be
over-emphasized. The necessity of having a social
audit has been felt in some statutes which have been
mentioned above and also by the Comptroller and Auditor
General of India. That being the position, it is
imperative that the process of conducting a social
audit must be taken up in right earnestness by the
National Commission for the Protection of Child Rights
as well as by each State Commission for the Protection
of Child Rights. This is perhaps the best possible
method by which transparency and accountability in the
management and functioning of child care institutions
and other bodies under the JJ Act and Model Rules can
be monitored and supervised."
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We are distressed to note from the affidavit filed by the
Union of India that a large number of States have not permitted the
National Commission for Protection of Child Rights (NCPCR) or its
agency to conduct social audits. We make it clear that since there
is a direction of this Court and if the State Governments are
resisting in conducting the social audits, it appears that they are
trying to hide something and so they do not want social audits to
be conducted under the directions of this Court. It is unfortunate
that these State Governments are playing hide and seek game. We
reiterate the direction to the NCPCR to conduct social audits in
terms of Direction NO. 11 of order dated 05.05.2017 and expect the
State Governments to cooperate.
The Union of India will also issue an advisory to all the
State Governments to comply with the directions more particularly
since it involves financial implications and we would not like any
allegation of corruption to be made against the State Governments
due to resisting social audits.
3. Utilization of Software
It has been brought to our notice that there is Management
Information Software (MIS) that is being utilized in the State of
Bihar under the aegis of UNICEF. In this context, the learned ASG
says that there is also a software being utilized in the State of
Assam under the aegis of UNICEF. It would be appropriate if the
Ministry of Women and Child Development gets in touch with the
UNICEF in Bihar, Assam and Delhi to study the Management
Information Software so that this technology can be utilized for
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full details of all the children in various child care institutions
and plans for their rehabilitation etc.
4. Non utilization of funds under ICPS
There has been a large scale non-utilization of funds by the
various State Governments under the Integrated Child Protection
Scheme (ICPS). This is extremely unfortunate. Since funds are
made available for the benefit of children, if the State
Governments do not utilize them, the loss is that of children of
the State.
Apart from non-utilization of funds, it has been pointed out
that utilization certificates have not been given by some of the
States.
To make matter worse, no plan of action has been prepared by
the States for financial year 2018-19. Almost three months have
gone by in the financial year and so it is strange that the States
do not have any plan of action and financial proposal for the
benefit of children of their States for this financial year.
We direct the States to provide utilization certificates to
the Ministry of Women and Child Development and also to prepare
plans for children of the States for financial year 2018-19.
The Ministry of Women and Child Development should issue an
advisory to all the State Governments in this regard at the
earliest.
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5. Performance Audit
It is pointed out by the learned Amicus that while some States
have, in fact, utilized the funds made available under the ICPS,
there is no performance audit of the programmes for which funds are
being utilized.
It is stated by the learned ASG that performance audit is part
of the ICPS and the audit will be conducted by the Ministry of
Women and Child Development.
Necessary audits are directed to be completed at the earliest
both at the District as well as State level. Details in this
regard should also be placed before us on affidavit on the next
date of hearing.
Affidavits should be filed by the State of Kerala and by the
Union of India within a period of four weeks from today.
List the matters on 10th August, 2018.
(MEENAKSHI KOHLI) (KAILASH CHANDER)
COURT MASTER COURT MASTER
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ITEM NO.3 COURT NO.3 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s).102/2007
RE EXPLOITATION OF CHILDREN IN ORPHANAGES
IN THE STATE OF TAMIL NADU Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
WITH IA No.138502/2017-INTERVENTION/IMPLEADMENT and IA
No.138504/2017-CLARIFICATION/DIRECTION and IA
No.138510/2017-INTERVENTION/IMPLEADMENT and IA
No.138511/2017-CLARIFICATION/DIRECTION & IA
No.24401/2018-IMPLEADMENT and IA
No.24403/2018-CLARIFICATION/DIRECTION
(Applications by Yatheem Khanas)
WITH
SLP(C) No. 4905/2018 (XI-A)
SLP(C) No. 5087/2018 (XI-A)
SLP(C) No. 8777/2018 (XI-A)
SLP(C) No. 9565/2018 (XI-A)
Date : 11-07-2018 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Ms. Aparna Bhat, Adv. (A.C.)
Mr. Pukhrambam Ramesh Kumar, Adv.
Ms. Joshita Pai, Adv.
Mr. Mayank Sapra, Adv.
Ms. Rahat Sharma, Adv.
For Respondent(s) Mr. A.N.S. Nadkarni, ASG
UOI Mr. Maninder Singh, ASG
Ms. V. Mohana, Sr. Adv.
Mr. K. Radhakrishnan, Sr. Adv.
Mr. K. Parameshwar, Adv.
Ms. Rashmi Malhotra, Adv.
Mr. Sanjiv Das, Adv.
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Mr. S.A. Haseeb, Adv.
Ms. Swarupma Chaturvedi, Adv.
Mr. G.S. Makker, Adv.
Ms. Sunita Sharma, Adv.
Mr. Rohit Rao, Adv.
Mr. Raj Bahadur, Adv.
Mr. Mohan Prasad Gupta, Adv.
Mr. Ravindera Kumar verma, Adv.
Mr. Mukul Singh, Adv.
Mr. B.V. Balram Das, Adv.
Mr. M.K. Maroria, Adv.
Mr. M.P. Gupta, Adv.
Mrs. Anil Katiyar, AOR
Ms. Sushma Suri, AOR
Applicant Mr. Huzefa Ahmadi, Sr. Adv.
Mr. K.A. Jaleel, Adv.
Mr. Zulfiker Ali P.S., Adv.
Md. Thoyyib Hudawi, Adv.
Mr. Towseef Ahmad Dar, Adv.
NCPCR Ms. Anindita Pujari, Adv.
Ms. Kavita Bhardwaj, Adv.
Mr. Amitoy Singh, Adv.
Mr. Ashok K. Srivastava, AOR
UPON hearing the counsel the Court made the following
O R D E R
Issue notice on the applications.
Learned amicus curiae, Mr. G.S. Makker, learned
counsel for Union of India and Mr. G. Prakash, learned
counsel for State of Kerala accept notice.
Reply be filed within four weeks.
Rejoinder, if any, be filed within two weeks.
It is stated by learned counsel appearing for the
Yatheem Khanas that in all there are 207 Yatheem Khanas
out of which 81 have already closed down. In other
words, there are only 126 Yatheem Khanas that are
functioning. The list of the Yatheem Khanas will be
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given to the Chief Secretary of the State of Kerala as
well as to the Secretary in the Ministry of Women and
Child Development and learned amicus curiae.
Until the next date of hearing, no coercive steps
will be taken in respect of these 126 Yatheem Khanas.
However, the NCPCR may conduct inspection, if necessary,
in any of these 126 Yatheem Khanas.
List the matters for hearing on 29th August, 2018.
(SANJAY KUMAR-I) (KAILASH CHANDER)
AR-CUM-PS COURT MASTER
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