SC sought over children adoption policy of orphanages; asks Centre to file status report

NewsBharati    05-Jan-2018
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New Delhi, January 5: The Supreme Court has sought the response of all states on the running of orphanages, the mode of adoption and the treatment meted out to children there. Top court observed that nothing can be more disastrous than selling of children in the name of adoption.

A bench headed by Chief Justice Dipak Misra was hearing an appeal of the National Commission for Protection of Child Rights against a Calcutta High Court order staying its proceedings in a case related to alleged violation of rights of orphaned children in West Bengal.

"A child cannot be bartered away at the whims and fancies of the person in charge of an orphanage," the bench, also comprising justices A M Khanwilkar and D Y Chandrachud, said.

"That being the position, when the children are sold, nothing can be more disastrous than this. This is a situation which cannot be allowed to prevail. A right of a child in a society is sacred, for the future of the country depends upon the character and the destiny of the child and the state has a great role in that regard. It is in the realm of protection.”

"In view of the aforesaid, it is necessary to have a comprehensive view of the entire country pertaining to running of orphanages, the mode and method of adoption, the care given and the treatment meted out to the children. For the said purpose, it is necessary that all the states shall be added as respondents in the matter," the bench ordered.

The top court also asked the states to respond as to whether human rights court in every district, as mandated under the Commissions for Protection of Child Rights Act, have been set up or not.

The NCPCR had alleged that the West Bengal government had illegally formed adhoc committees for adoption and given away orphans for adoption in gross violation of law and rules. The NCPCR had blamed the local administration for the thriving of the trafficking racket but the state government questioned the jurisdiction of the apex child rights body.