Akansha Tiwari & ors. vs. State of U.P. & ors Upholding the right of children to live in safe conditions, the Allahabad High Court issued several orders requiring that the Bal Sishu Graha, shelter home in Uttar Pradesh shift to a better facility, one where the children can live with dignity. The Court also demanded regular and adequate access to health care facilities for the children in the home. The district Magistrate was ordered to appoint qualified teachers to educate the children and was asked to make regular surprise visits to the shelter, to ensure that the Court’s directives were being followed. The orders, which were in response to a PIL filed by the Human Rights Law Network/SLIC Uttar Pradesh, established that children under the care of the state, through the 2006 Juvenile Justice (Care and Protection) Act, ought to have access to basic amenities and health care. Further, the court noted that the state had a duty to provide specialized care for children with disabilities. This PIL, filed under Article 226 of the Constitution of India, aims to provide a healthy, hygienic environment for the juveniles housed in the shelter homes throughout the state of Uttar Pradesh, and to establish case law that will help children in the other states of India. These children, who are usually between the ages of 6 and 10, need regularly denied basic amenities, including food, and clothing, as well as access to educational and health care facilities. Unfortunately, these children are not being provided with any of the basics needed for healthy development. To the contrary, children in these homes live in filthy, unhygienic conditions. Some even lack atooth brush. The lack of educational facilities and inadequate health care facilities in the shelter homes, with no special treatment for the juveniles who are in need of special medical care, has turned the homes into punishment centers for the Juveniles who are under State responsibility for the care and protection under the Juvenile Justice Act, 2006. The Honorable Court had directed the District Magistrate (DM) to do a post inspection of the Rajkeya Bal Shishu Grah facility in Shivkuti, and to then submit a report with his findings. That report filed on the 14th of June, noted that a lot must be done to make the shelter home a suitable place for residence of the children. For this the Court directed an extraordinary order in which the district probation officer was ordered by the court to reside with the juveniles in the shelter home and submit a report after he himself confronts with the problems of the juvenile inmates confronting everyday in the home. Secondly, the honorable Court ordered the Director, Child Welfare, Lucknow to shift the shelter home to a better property where the children can live and survive with dignity. Notice is issued for the regular and adequate health care facilities for the children in the home. Additionally, the district Magistrate was ordered to ensure that qualified teachers are appointed for the education of the children in the home as well to make surprise visits to the home. On 19th June, the Honorable Court discovered that no action has been taken on the given direction as the report of the probation officer was not submitted.Furthermore, the Court stated that the “district administration is trying to complete the paper formality instead of doing the needful things.” On 21st June the order was passed in which the Court expressed detailed but comprehensive lacuna in the functioning of the State and other respondents, which includes the Child Welfare, Lucknow, District Magistrate, Allahabad, District Social and Child Welfare Officer for failing to provide a healthy atmosphere for the children in the different shelter homes. State has directed for regular and effective functioning of the shelter home authorities. Regular visit and report should be submitted by the District Magistrate to the Court. And all the children in all the homes of UP should be provided with the required basic amenities, clothing, food, health care and special care for the children with disabilities. Should the authorities fail to follow the instruction of the Honorable Court,they would have to appear before this Court of law.
Posted on: Fri, 04 Oct 2013 09:13:53 +0000
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