'Interest Of Minor Children Cannot Be Compromised': Madras HC Directs State To Conduct Periodical Inspections Of Children's Homes

The Madras High Court has recently directed the concerned State authorities to conduct periodical inspections of Children's Homes in order to regulate the living conditions, facilities and administration of such Homes.

Justice SM Subramaniam further ordered that in case there is failure to comply with the aforementioned directions, the Head of the Department and the concerned government authorities shall be at liberty to initiate appropriate action against such officials.

"Protection of Children is of paramount importance and the duty of the State enshrined under the Constitution of India. The interest of minor children at no circumstances be compromised by the State and the Authorities Competent. Thus, the jurisdictional respective District Child Protection Officers and other Authorities are directed to conduct periodical inspection of such Homes, so as to ensure the living conditions, facilities provided and the administration of such Homes by the persons concerned and submit report to the Higher Officials for the purpose of pursuing any actions if required under law", the Court stated.

The Court further observed that any lapses, negligence of dereliction of duty by the competent authorities in this regard must be viewed seriously by the higher authorities.

Justice Subramaniam was adjudicating upon a petition moved by the managing trustee of Eternal World Trust, a public charitable trust challenging an order to close down a Children's Home run by them. The authorities had alleged that forty nine children were under the custody of the trust without proper permission.

The Court further noted that such complains are frequently received by the High Court due to lack of periodical inspection. Thus, concerned authorities were instructed to conduct periodical inspections to ensure that such situations do not arise in the future.

"The seriousness involved regarding the interest of the minor children is to be considered by the Government and the Head of the Department and all appropriate actions are to be initiated", the Court opined.

In the instant case, the Court had earlier directed an inspection in the matter, following which it was found that there were no children presently under the custody of the petitioner.

Without making a determination on the genuineness of such allegations, the Court confined itself to observing,

"..the petitioner cannot run any such Children Home without obtaining proper permission from the Competent Authorities in the manner known to law ... the impugned order lost its relevance as no children are in the custody of the petitioner as of now as per the Status Report filed by the District Child Protection Officer, Thiruvallur and thus, no further consideration is required in the present writ petition."

Case Title: Eternal Word Trust v. State of Tamil Nadu 

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