Kerala HC Initiates Suo Motu PIL For Protection And Rehabilitation Of Children In Streets

The Kerala High Court on Tuesday initiated suo motu Public Interest Litigation captioned 'Protection and Rehabilitation of Children in Streets' on noting the plight of the nomadic children begging or selling knick-knacks at busy junctions and tourist spots. The Suo Motu PIL has been initiated with the intention that such children ought to be taken care of, sent to shelter homes or repatriated. 

The Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly, initiated the proceedings after the emergence of several news reports highlighting the plight of such children. Some reports also showed that the children were sleeping on platforms or roads. The Court has also taken due note of drug peddlers attempting to lure students outside school campuses since they are aware of the strict monitoring within the premises of such educational institutions, and seeks to consider this issue as well. 

The Secretary to Government, Social Justice Justice Department, Government of Kerala, Director, Women and Child Development Department, Member Secretary, Kerala State Legal Services Authority, the Labour Commissioner, and the Excise Commissioner have been impleaded as the respondents herein, and the Court has directed them to file a counter affidavit setting out the steps taken to provide adequate and suitable care and protection to the children in need and also the nomadic children found to be begging or selling knick-knacks at busy junctions and tourist spots. In light of the children sleeping on platforms and roads, the Court also found that the aforementioned respondents were obliged to provide such children adequate care and protection in terms of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. 

The respondents have also been directed to furnish the details of the child care centres or centre homes, where the above kind of children are kept till the repatriation starts.

The Member Secretary, Kerala State Legal Services Authority, was further directed to conduct a detailed enquiry into the incidents, which necessitated the Court to initiate the instant suo motu public interest writ petition. 

The case has been posted for hearing for next week. 

Case Title: Suo Motu v. Secretary to Government, Social Justice Justice Department

Click Here To Read/Download The Order