(Madan B. Lokur, Deepak Gupta and Hemant Gupta, JJ.)
Re Exploitation of Children in Orphanages in the State of Tamil Nadu _______________________________________________ Petitioner;
v.
Union of India and Others ________________________ Respondent(s).
Writ Petition(s) (Criminal) No(s). 102/2007, decided on December 5, 2018
The Order of the court was delivered by
Order
1. We have heard learned amicus curiae, learned Additional Solicitor General as well as Ms. Aastha Saxena Khatwani, Joint Secretary in the Ministry of Women and Child Development.
2. It appears that the Union of India has made efforts to collect data on its own through the Ministry of Women and Child Development. It has also been able to collect data from the National Commission for Protection of Child Rights as well as from the Childline.
3. We have been given to understand that the data collected is voluminous.
4. It is stated by the Joint Secretary that the analysis of the data is being carried out under her supervision with the assistance of officers of the Ministry of Women and Child Development as well as professional help from the National Institute of Public Cooperation and Child Development (NIPCCD).
5. It is expected that the data analysis will highlight some gaps in the data collection as well as in certain aspects of the management of institutions and the rights of children. Once these gaps are identified, professional help will be taken from the stake-holders which include civil society. Wherever necessary, inter-ministerial discussions will also take place so that these gaps can be filled up keeping the interest of the children in mind.
6. It is stated that after the analysis of the data and the gap analysis is concluded, a report will be prepared which can serve as a plan or vision document for the immediate future.
7. The suggestions given by learned amicus curiae may be taken into consideration during the analysis of the data and also during the gap analysis.
8. The submission of the learned amicus curiae is that data analysis may keep in mind Section 55 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
9. It is further stated that the idea is to have regular reports coming in and to institutionalize the process so that this exercise can be carried out year after year keeping the interest of the children in mind. She also says that a resource centre that is contemplated is already a part of NIPCCD and is approved under the Child Protection Service and that resource centre will be strengthened in due course of time.
10. In view of the above, the writ petition stands disposed of.
11. Liberty is granted to learned amicus curiae to revive the matter after the report is made available to her, if necessary.
12. Pending applications, if any, stand disposed of.
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