'More Than One Lakh Children Lost Either Or Both Parents During COVID' : Supreme Court Directs CWCs To Complete Inquiries On Orphans Within 3 Weeks

"More than a lakh children have lost either or both parents during this pandemic. It is heart-wrenching to note that the survival of so many children is at stake." the Bench said.

A Division Bench comprising Justice Nageswara Rao and Justice Aniruddha Bose made the observation while considering the suo motu case taken to deal with the plight of children affected by COVID.

While lauding the progress made by the Union Government and State Governments in identification of the orphans and children who have lost either parent during covid, the Bench directed the Child Welfare Committees of all States to complete their pending inquiries as provided under Juvenile Justice Act within three weeks, and State Governments to file their status reports within four weeks.

The Bench clarified that after completion of the inquiries, the CWCs may identify those children who do not need care and protection and financial assistance from the States.

"The identified children need not be given the benefits that are announced by the State Governments and assistance has to be provided by the State Governments to those children who are in need of care and protection, in terms of the Act. " the Bench recorded.

The top Court also appreciated the schemes announced by the Union of India, State Governments and Union Territories for welfare and protection of these children and expressed hope that the authorities would leave no stone unturned to attend to the immediate basic needs of the crestfallen children. It further observed that the preparation of Social Investigation Reports and Individual Care Plans is also on track.

Emphasizing the constitutional right of all children to free and compulsory elementary education guaranteed by Article 21A of the Constitution of India, the Bench stated that the State has a duty and obligation to facilitate education for children and in the present situation, the State must realise the importance of continuance of education of the forlorn children.

The Court had earlier directed that the Child Welfare Committees to complete inquiries within the time limit specified in the act and provide required assistance and rehabilitation to orphans.

All States and Union Territories were directed to file status report giving the following particulars:

• Number of children who have become orphans or lost one parent after March 2020

• Number of children produced before CWC

• Children who have been provided with benefits of schemes announced by States.

• Information regarding payment of the amount of 2000 provided under ICPS scheme to needy children

The suo motu case was initiated in March 2020 to address the issue of COVID spread in juvenile homes, child care centres etc. This year, during the second wave, the Court took note of the issue of children who became orphans during the COVID pandemic period.

On May 28, the Court had directed the Union and States to identify children who have become orphans post-March, 2020, whether it be due to the pandemic or otherwise, and upload their information in the 'Bal Swaraj' portal of National Commission for Protection of Child Rights. The bench has also passed directions to control the illegal adoption of such orphans.

Also Read: States Should Bear Fees Of Children Who Lost Either Or Both Parents After March 2020 If Private Schools Don't Waive It: Supreme Court

Welfare Schemes Should Cover Children Orphaned During COVID & Not Just Who Became Orphans Due To COVID: Supreme Court

Case Title: In Re Contagion of Covid 19 Virus in Children Protection Homes

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