"Why Doing This Amid Omicron Threat?": MP High Court Stays CWC Order To Shift 44 Children From An Orphanage

Staying the decision of the Child Welfare Committee (CWC), district Sagar (M.P.) to shift 44 children from a Christian Prphangae, the Madhya Pradesh High Court recently enquired from the Committee regarding the reason behind this decision.

The Bench of Justice Nandita Dubey also sought a report from the concerned CWC as to the condition of the orphanage where presently these 44 children are staying. The Court gave CWC a period of two weeks and directed thus:

"...submit a report regarding why the children are being shifted in this cold weather and at this difficult time when there is a rising threat of Covid/Omicron. They are also to submit in their report what was the condition of the orphanage where presently the children are staying and what is the condition or availability of space where they are trying to shift all these 44 children."

Essentially, the Court was dealing with the plea of a society, which is running an orphanage in the name and style of Saint Francis Orphanage Sagar, that had moved the Court with a grievance that CWC had directed to remove three of the children from the orphanage.

It was submitted there are 44 children staying in the orphanage and there is no complaint against the orphanage by those children or any other person. However, without any explanation or reason, a direction to shift these three children from the orphanage had been passed by the Concerned CWC.

The counsel for the State informed the Court that the CWC, along with the Police forces, was trying to remove not only the three children mentioned in the said order but the remaining 41 children also as the license of the society has not been renewed.

However, this submission was disputed by the Counsel for the petitioner and said that his application for renewal is already pending before the authority concerned and no order had been passed on the same yet.

Despite that, it was argued, the children from the orphanage were being shifted in a high-handed manner from the orphanage during the present Covid scenario.

The Court also noted that there was nothing on record as to under what circumstances and what provision the children are being shifted from the orphanage to some other place.

Considering the aforesaid, the Court directed the authorities not to shift the children right now and issued notices to the respondents, returnable within three weeks.

Case title - SINTOO VIRGHESE v. THE STATE OF MADHYA PRADESH AND OTHERS

Click Here To Read/Download Order