The Supreme Court of India has recently called for a response from the National Commission for Protection of Child Rights (NCPCR) concerning its request to eight Indian states for the immediate repatriation of children living in care homes back with their families. The states involved, namely Tamil Nadu, Andhra Pradesh, Telangana, Mizoram, Karnataka, Kerala, Maharashtra, and Meghalaya – house 1.84 lakh children placed in care homes, accounting for over 70% of the total nationwide.
The Request for Repatriation
The NCPCR’s request for repatriation was directed towards eight states that collectively hold 70% of children in care homes across the nation. This move has drawn attention to the state of child care homes and the need for addressing children’s rights, particularly during the ongoing pandemic.
Judicial Activism in Play
In this case, the Supreme Court is exercising its civic duty by monitoring the conditions and welfare of children in care homes all over the country. This active involvement, even in the executive or legislative sphere, in upholding citizens’ rights and preserving the constitution, is an example of judicial activism. The court is questioning whether NCPCR’s general instructions to the states take into account the education, health, safety of the children and their economic situation.
Individual Treatment for Repatriation
The court proposes that repatriation should be considered on a case-by-case basis, with child safety being a top priority. This perspective is informed by inputs from amicus curiae, who argue that the NCPCR’s directive contravenes the Juvenile Justice Act of 2015. The Act stipulates, among other things, that a child’s welfare should be the paramount consideration in any decisions regarding his or her placement.
NCPCR’s Position
The NCPCR emphasizes the importance of a child growing up in a family environment and reflects this in its directive for repatriation. The commission’s stance aligns with a court order from April 2020, which urged juvenile authorities to carefully consider if it was in the child’s best interest, health and safety to be kept in a child care institution.
Child Care Homes and their Role
Children housed in care homes come from various backgrounds, including orphans and abandoned children, as well as those from financially unstable families. If a child from such a situation is unable to receive proper upbringing, they can avail necessary facilities at a care home. These homes provide not only shelter but also crucial resources like proper nutrition, education, healthcare, and a clean, well-maintained living environment.
About National Commission for Protection of Child Rights
The NCPCR, established in March 2007, is a statutory body under the administrative control of the Ministry of Women & Child Development. The Commission’s mandate is ensuring all laws, policies, programmes, and administrative mechanisms align with the child rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child.
The Path Ahead
Moving forward, the court suggests addressing repatriation on an individual case basis as a reasonable starting point. Simultaneously, there is a need for stricter monitoring of child care institutions to ensure they provide all necessary facilities. By instilling sensitivity training into staff protocol at child care institutions, children’s needs will be better understood and catered to, thereby improving their overall conditions.