Ensure COVID Orphans Are Not Deprived Of Properties Due To Parents' Debts: Supreme Court Directs Authorities

Appearing before the Bench comprising Justices L. Nageswara Rao and B.R. Gavai, Advocate, Mr. Gaurav Agarwal, Amicus Curiae apprised it that there were five issues that needed its urgent attention.

Social Investigation Reports not finalised and children not produced before Child Welfare Committee

Referring to his note dated 28.03.2022, Mr. Agarwal submitted that the Bench might consider passing orders directing the State Government to ensure that the Social Investigation Reports (SIRs) of the identified children are completed and attempts are made to produce them before the Child Welfare Committee (CWC) before the next date of hearing. It was emphasised that until and unless the children are presented before the CWC, it wouldn't be aware if they need urgent help. Moreover in absence of the SIRs it would not be known if the welfare schemes are made available to the already identified children.

Taking note of the issue, the Bench directed the States to proceed with the identification process and file affidavit in that regard -

"...NCPCR filed a status report on 24.03.2022 informing this Court that it has been receiving complaints that children who have lost one or both parents are left out from the identification process; the result is they are not produced before the Child Welfare Committee and are not getting the benefit of welfare schemes…The process of identification of children should be continued by the State Govt without leaving any child who has lost both or either parents. The concerned authorities of the State Govt. have to upload data on the Baal Swaraj portal after identification of the children has been done. The State Govts. are directed to file an affidavit within 2 weeks …with particulars of the children identified and the details of the data that is uploaded of such children on the Baal Swaraj portal. In addition they shall give information about the efforts made by the authorities to reach out to such children.

Status report of NCPCR shows that 10793 children have become orphans and 151322 have lost at least one parent. Social Investigation Reports (SIR) with respect to the majority of such children have not been finalised. The State Governments/Union Territories shall take steps to complete the process of preparation of SIRs in respect of all such children who have been identified."

District Authorities have not apprised NCPCR about the actions taken by them

Relying on the status report filed by the National Commission for Protection of Child Rights (NCPCR) on 24.03.2022, it was pointed out that it had written 19825 letters to various district authorities making recommendations for linking the children with various welfare schemes. However, NCPCR had stated that it had received only 920 action taken reports from the concerned district authorities.

In this regard the Bench directed the State Governments to ensure the children/family members are linked with the benefit schemes and file a status report to that effect -

"The State Governments are directed to ensure action is taken to link children/parents with schemes at the earliest and submit a status report…"

NCPCR received several complaints pertaining to non-identification

It was highlighted that NCPCR had received several complaints from children who have not been linked to any benefit/scheme since they have not yet been identified or have been left out. Mr. Agarwal stated that now that the COVID related restrictions have been lifted, action can be taken by the States to ensure that identification is done diligently.

Verification with respect to educational status of the children

Mr. Agarwal submitted that as per the latest status report filed by NCPCR, there are about 1,60,000 children who have lost either parents. It was pointed out that in the virtual mode, it might have been difficult for District Child Protection Units to verify whether the children are in school; whether they need uniforms; whether they need books. But, now that the schools have reopened, he asserted, verification of their educational status can be carried out effectively. He beseeched the Bench to -

"Direct States/ UTs to verify educational status of all 147492 children above the age of 6 years other than who are in child care institutions."

Considering the plea, the Bench directed the State Government/ Union Territories to submit particulars of educational status of the children who have been identified to have lost both or either parents -

"Several directions have been given to the State Government by this Court in its earlier orders to ensure that the education of such children who have lost one parent or both parents to be continued. As near normalcy has been restored, the District Education Officers and District Child Protection Units are directed to ensure that there would be no impediment in the education of the children…Children who have been permitted to continue in schools pursuant to our earlier orders should be able to continue without hindrance. Such of those children who have not been given the benefit of continuing in schools, shall be admitted in the neighbourhood schools. The State Governments/Union Territories shall submit the particulars of educational status of the children who have been identified to have lost one or both parents."

State authorities to ensure that children are not deprived of their deceased parents' properties

The NCPCR had noted that in some cases financial liabilities like loans and mortgages have been left behind by the parents. It was of the opinion that the District Magistrate can take it up with the Banks as well as Insurance Companies to find a solution to the issue. The details of the assets and liabilities i.e. property, loans, mortgages, insurances of the children and their parents should also be uploaded on the portal. The District Magistrate is to ensure that in the property left behind by the deceased parent/parents status quo of the rights of the children are maintained. Mr. Agarwal submitted that the DLSAs can examine the issue and take action.

Accordingly, the Bench directed the District Child Protection Officer and District Magistrate to seek assistance of the District Legal Services Authorities to ensure that the children are not deprived from the properties of their deceased parent/parents.

"The NCPCR has stated in its status report dated 24.03.2022, that the details of assets and liabilities i.e. property, insurance, loans, etc. of children who have lost their parents should be uploaded on the Baal Swaraj portal and the DMs concerned should take steps regarding the financial liabilities, as loans, mortgages, insurance premiums etc. The DCP officers and DMs concerned are directed to take assistance of the DLSA to ensure that the properties of deceased parents of the forlorn children are protected and the children are not deprived of their properties…"

The matter is to be listed after three weeks .

[Case Title: In Re Children In Need of Care And Protection Due To Loss Of Parents During COVID-19]