Childcare Institutions Worse Than Prisons: Allahabad High Court Takes Suo Moto Cognizance Of Deficiencies In Running Of Such Institutions

The Allahabad High Court on Thursday registered a suo moto public interest litigation regarding the deficiencies in running of child care institutions in the State of Uttar Pradesh.

On inspections carried out by Justice Ajay Bhanot, several deficiencies were revealed in running of childcare institutions across the Uttar Pradesh which directly implicate fundamental rights guaranteed under Article 21 of the Constitution of India of children residing in said homes.

Noting the small and cramped spaces the children are made to live in, the bench comprising of Chief Justice Pritinker Diwaker and Justice Ajay Bhanot observed

“The living conditions will impede a holistic growth of the children. The conditions as we have noticed are worse than prisons. This Court cannot countenance such apathy on part of State. Various directions have been issued by the Juvenile Justice And POCSO Committee of this Court requesting the State Government to forthwith initiate measures to shift the homes where children live in overcrowded conditions to more spacious places with adequate facilities.”

Due to no response from the State, the Court directed that as an interim measure the State Government should on priority shift these children to bigger and more spacious homes which have outdoor facilities.

The Court observed that the staff in such homes need to trained to ensure growth of children and that the budget allocation for these homes has not been revised in years.

“Emotional development and physical activities of the children in these homes need special attention since they live in circumstances very different from children who have a good fortune of stable and supportive families. For this purpose, a proper transformative environment and activity system has to be developed in consultation with professional bodies,” directed the Court.

Regarding education of children, the Court observed education facilities need to be upgraded and staff and teachers to observe performances of children with “unbroken vigilance”. The Court directed that vocational education of the children be upgraded. Further, the Court directed that special female counsellors be appointed for girl child to help them in their growing years.

As Right to Free and Compulsory Education of Children is recognized as a fundamental right under the Constitution of India, the Court held that it is the responsibility of the State to ensure that rights of the children in the observation homes are brought to fruition.

The Court directed State Government to undertake an exercise for admission of children in schools of repute in the vicinity of the homes. “The children of the homes shall be given the benefit of reservation in schools of repute in the Right to Education Act in the category of disadvantaged sections of society.”

Further, directions were issued to the Principal Secretary, Women and Child Development Department, Government of U.P. Lucknow to file a personal affidavit in the case specifically highlighting number of observation homes of different categories run by Government and private agencies in the State of U.P. It was also directed that the number of children of different age groups residing in such institutions be disclosed before the Court.

While listing the case on 6^th November, the Court observed that in the event of non-compliance of the order, the Court may be constrained to take appropriate action on the next date.

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