The Supreme Court on Tuesday directed state governments and Union Territories to take action against those NGOs/individuals who are indulging in illegal adoptions of Covid-orphaned children. The top court in its order also directed states and Union Territories to ensure that there is no break in the education of children who have become orphaned or lost one parent during Covid pandemic and asked the government to take all necessary steps to bear the cost of their education.
The top court also said that no adoption of affected children should be permitted contrary to the provisions of the JJ Act, 2015.
Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA (Central Adoption Resource Authority). Stringent action shall be taken by the state governments and Union Territories against agencies/individuals who are responsible for indulging in this illegal activity, the court added
The court in its order said: “The State Governments and Union Territories are directed to continue identifying the children who have become orphans or lost a parent after March 2020 either due to Covid-19 or otherwise and provide the data on the website of the NCPCR without any delay. The identification of the affected children can be done through Childline (1098), health officials, Panchayati Raj Institutions, police authorities, NGOs etc,” the court added.
The court stated that: “The DCPU is directed to contact the affected child and his guardian immediately on receipt of information about the death of the parent and parents. Assessment shall be made about the suitability and willingness of the guardian to take care of the child.”
“The DCPU should ensure that adequate provisions are made for ration, food, medicine, clothing etc. for the affected child. Financial assistance to which the disconsolate child is entitled to under the prevailing schemes by the Central government, the state governments and UnionTerritories should be provided without any delay,” the court added
“The DCPO should furnish his phone number and the name and phone number of the local official who can be contacted by the guardian and the child. There should be a regular follow up by the concerned authorities with the child at least once in a month, the court said.”
The court also said: “If the DCPO is of the prima facie opinion that the guardian is not suitable to take care of the child, he should produce the child before the CWC immediately.”
“CWC should provide for the essential needs of the child during the pendency of the inquiry without fail. The inquiry should be completed expeditiously. CWC shall ensure that all financial
benefits to which the child is entitled are provided without any delay,” the court added
The SC further said, “The state governments and Union Territories are directed to make provisions for continuance of education of the children both in Government as well as in private schools. Wide publicity should be given to the provisions of the JJ Act, 2015 and the prevailing schemes of the Union of India, the State Governments and UnionTerritories which would benefit the affected children.”
