Supreme Court - Daily Orders
In Re Children In Street Situations vs N. Raghupathy on 4 April, 2022
Bench: L. Nageswara Rao, B.R. Gavai
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ITEM NO.7 COURT NO.5 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SMW(C) No(s).6 OF 2021
IN RE : CHILDREN IN STREET SITUATIONS
WITH
SMW(C) No. 4/2020 (PIL-W)
(with Applns. For Appropriate Orders/Directions,
Clarification/Direction, Exemption From Filing Affidavit, Exemption
From Filing O.T., Exemption From Paying Court Fee, Intervention
Application, Intervention/Impleadment)
Date : 04-04-2022 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE B.R. GAVAI
For the parties: By Courts Motion
Mr. Gaurav Agrawal, AOR (A.C.)
Ms. Anitha Shenoy, Sr Adv.
Ms. Shristi Agnihotri,Adv.
FOR NCPCR Mr. K. M. Nataraj, Ld. ASG
Ms. Swarupama Chaturvedi, AOR
Mr. Rajesh Kumar Das, Adv.
Ms. Indira Bhakar, Adv.
Ms. Soumya Kapoor, Adv.
Ms. Himashi Goel, Adv.
UOI Ms. Aishwarya Bhati, Ld. ASG
Mr. Akshay Amritanshu, Adv
Ms. Swati Ghildiyal, Adv.
Mr. S.S. Rebello, Adv.
Ms. Chinmayee Chandra, Adv.
Mr. Apoorv Kurup, Adv
Mr. Rajesh K. Singh,Adv.
Ms. Deepabali Datta, Adv.
Mr. Harish Pandey, Adv.
Signature Not Verified
Ms. Sanskriti Pathak, Adv.
Digitally signed by
GEETA AHUJA
Date: 2022.04.06
Mr. Sarad Kumar Singhania, Adv.
17:43:34 IST
Reason: Mr. G.S. Makkar, AOR
Mr. A K Sharma, AOR
Mr. B.V. Balram Das, AOR
Mr. Raj Bahadur Yadav, Adv.
Mr. Amrish Kumar, AOR
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State of
Chhattisgarh Mr. S.C. Verma, Sr. Adv/Adv. General
Mr. Sumeer Sodhi AOR
Mr. Arjun Nanda,Adv.
Mr. Gaurav, Adv.
H.C.of Chhattisgarh Mr. Apoorv Kurup, AOR
Mr. Rony Pratap Yadav, Adv.
State of W.B. Mr. Suhaan Mukerji, Adv.
Mr. Raghenth Basant, Adv
Mr. Vishaal Prasad, Adv.
Mr. Nikhil Parikshith,Adv.
Mr. Abhishek Manchanda,Adv.
Mr. Sayandeep Pahari, Adv.
Mr. Tanmay Sinha, Adv.
PLR Chambers & Co.
State of Mizoram Mr. Siddhesh Kotwal,Adv
Mr. Akash Singh, Adv
Mr. Nirnimesh Dube, AOR
State of Haryana Ms. Bansuri Swaraj, AAG
Dr. Monika Gusain, AOR
Mr. G.M.Kawoosa,Adv.
Ms. Taruna Ardhendhumauli Prasad, AOR.
Ms. Deepika Gupta, Adv.
State of Karnataka Mr. V. N. Raghupathy, AOR
State of Assam Ms. Diksha Rai, AOR
Mr. Ankit Agarwal, Adv.
State of A.P. Mr. Mahfooz A. Nazki, AOR
Mr. Polanki Gowtham,Adv.
Mr. Shaik Mohamad Haneef,Adv.
Mr. T. Vijaya Bhaskar Reddy,Adv.
Mr. K.V. Girish Chowdary, Adv.
Ms. Rajeswari Mukherjee, Adv
UT of Andaman & Mr. Samir Ali Khan, Adv
Nicobar
Ms. G. Indira, AOR
State of Bihar Mr. Manish Kumar, AOR
State of H.P. Mr. Himanshu Tyagi, AOR
State of Manipur Mr. Pukhrambam Ramesh Kumar, AOR
Ms. Anupama Ngangom, Adv.
Mr. Karun Sharma, Adv.
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HC of Manipur Mr. Sharan Thakur,Adv.
Mr. Siddhartha Thakur,Adv.
Mr. Ajay Kanojiya, AOR
UT of Puducherry Mr. Aravindh S., AOR
Ms.C.Rubavathi., adv
State of Goa Mr. Arun R. Pedneker, Adv.
Mr. Aditya Manubarwala, Adv.
Mr. Hitesh Kr. Sharma, Adv.
Ms. Mukti Chowdhary, AOR
State of Kerala Mr. Nishe Rajen Shonker, AOR
Ms. Anu K Joy, Adv
Mr. Alim Anvar, Adv
State of Odisha Mr. Sibo sankar Mishra Adv
R.M.Patnaik AOR
Dr. Anindita Pujari, AOR
Mr. Siddhartha Srivastava, Adv
Mr. Azad Bansala, Adv
Ms. Prakriti Rastogi, Adv
Ms. Kavita Bharadwaj, Adv
Mr. Mohit Kaushik, Adv.
State of Tripura Mr. Shuvodeep Roy, AOR
Mr. Kabir Shankar Bose, Adv.
Mr. Ishaan Borthakur, Adv.
H.C. of Tripura Mr. Naresh K. Sharma AOR
State of Gujarat Ms. Deepanwita Priyanka, AOR
State of Meghalaya Mr. Avijit Mani Tripathi, AOR
Mr. Upendra Mishra, Adv.
Mr. Daniel Lyngdoh, Adv.
Mr. Kynpham V. Kharlyngdoh, Adv.
Mr. T.K. Nayak, Adv.
Mr. P.S. Negi, Adv.
State of Punjab Dr. Anmol Rattan Sidhu, Adv.
Mr. R.K. Rathore, Adv.
Ms. Jaspreet Gogia, AOR
State of Rajasthan Dr. Manish Singhvi, Sr. Adv.
Mr. Arpit Parkash, Adv.
Mr. Sandeep Kumar Jha, AOR
State of U.P. Ms. Garima Prashad, Sr. Adv./AAG
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Mr. Rohit K. Singh, AOR.
Mr. Ankit Pandey, Adv.
Mr. Pritam Biswas, Adv.
State of Telengana Mr. S. Udaya Kumar Sagar, AOR
Ms. Sweena Nair, Adv.
H.C. of Calcutta Mr. Kunal Chatterji, AOR
Ms. Maitrayee Banerjee, Adv.
Mr. Rohit Bansal, Adv
State of T.N. Dr. Joseph Aristotle S.,AOR
Ms. Nupur Sharma, Adv.
Mr. Shobhit Dwivedi, Adv.
Mr. Sanjeev Kumar Mahara, Adv.
State of Nagaland Ms. K. Enatoli Sema, AOR
Mr. Amit Kumar Singh, Adv
Ms. Chubalemla Chang, Adv.
NCT Delhi Mr. Chirag M. Shroff, AOR
Amandeep Mehta, Adv.
State of Mah. Mr. Sachin Patil AOR.
Mr. Rahul Chitnis, Adv.
Mr. Aaditya A. Pande, Adv
Mr. Geo Joseph,Adv.
Ms. Shwetal Shepal, Adv.
State of Jharkhand Ms. Pragya Baghel, Adv
Ms. Pallavi Langar, AOR
State of Uttarakhand Mr. Saurabh Trivedi, AOR
Mr. Tanmay Agarwal, Adv
Ms. Rachana Srivastava, AOR
Jharkhand H.C. Mr. Krishnanand Pandey, AOR
State of Sikkim Mr. Raghvendra Kumar, Adv.
Mr. Anand Kumar Dubey, Adv.
Mr. Nishant Verma, Adv.
Mr. Rajiv Kumar Sinha, Adv.
Mr. Simanta Kumar, Adv.
Mr. Sunil Saraogi, Adv
Rajlakshmi Singh, Adv.
Mr. Amit K. Pateriya, Adv.
Mr. Sandeep Kumar Sen, Adv.
Mr. Narendra Kumar, AOR
State of M.P. Mr. Bharat Singh, AAG
Mr. Pashupati Nath Razdan, AOR.
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Mr. Prakhar Srivastava, Adv.
Mr. Amandeep Bharadwaj, Adv.
H.C. of M.P. Mr. Arjun Garg, AOR
Mr. Aakash Nandolia, Adv.
Ms Sagun Srivastava Adv
Guwahati, P&H H.C., Mr. Abhimanyu Tewari, AOR
Arunachal P. Ms. Eliza Bar, Adv.
U.T. of Chandigarh Mr. Ankit Goel, AOR
U.T. Dadra & Nagar
Haveli, Daman & Diu Mr Harish Pandey, AOR
Ms. Sansriti Pathak, Adv
Mr. G.S. Makker, AOR
UT A & N Islands Mr. Ankur S. Kulkarni, AOR
Mr. Susheel Joseph Cyriac, Adv
Ms. Uditha Chakravarthy, Adv
Andaman & Nicobar Ms. Mrinal Elker Mazumdar, AOR
Ms. Indira Bhakar Adv.
Mr. G.S Makkar, AOR
INT Ms. Shobha Gupta, AOR
Mr. Rajendra Kumar Panigrahi, Adv.
Jessy Kurien,Adv
Mr. Nishant Bahuguna, Adv
Mr. Vidit Agarwal, Adv.
Mr. Shubham Jalan,Adv
Ms. Prachi Sharma, Adv
Ms. Sakshi Tiwari, Adv.
Ryan Intl. School Mr. Romy Chacko, AOR
Shakti Chand Jaiswal, Adv.
Mr. Chandan Kumar Mandal, Adv.
Society for Socio
Legislative Reforms Mr. S.S. Nehra, Adv.
Mr. Abhishek Swarup, Adv.
Ms. Lalita Kohli, Adv
Mr. Vikrant Nehra, Adv.
M/S. Manoj Swarup And Co., AOR
Mr. Shekhar Raj Sharma, Dy. AG Haryana
Mr. Sanjay Kumar Visen, AOR
Mr. Paras Dutta, Adv.
Mrs. Babita Mishra, Adv.
Ms. Srishti Agnihotri, AOR
Mr. Nishanth Patil, AOR
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H.C. of Delhi Mr. Annam D. N. Rao, AOR
Ms. Meenakshi S. Kamble, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Mr. Akhileshwar Jha, Adv.
Mr. Subhas S. Kadam, Adv.
Ms. Manju Jaitley, AOR
Delhi High Court Mr. Gautam Narayan, AOR
Ms. Asmita Singh, Adv
Ms. Eliza Bar, Adv.
Mr. Pai Amit, AOR
Mr. Ramendra Mohan Patnaik, AOR
Mr. Sharan Thakur Adv
Mr. Mahesh Thakur AOR
Mr. Siddhartha Thakur Adv
Ms. Astha Sharma, AOR
Ms. Uttara Babbar, AOR
M/S.KNC, AOR
Mr. Ajay Pal, AOR
Mr. Gopal Singh, AOR
Mr. Malak Manish Bhatt, AOR
Ms. Radhika Gautam, AOR
Ms. Pinky Behera, AOR
Mr. G. Prakash, AOR
Mr. Annam D. N. Rao, AOR
Mr. M. Yogesh Kanna, AOR
Ms. Rachana Srivastava, AOR
Mr. Mukesh Kumar Maroria, AOR
IA No.42125 & 42135/2022
Mr. Amod K. Kanth, General Secretary, Prayas
Juvenile Aid Centre (Society) (in-person)
Mahesh Thakur, AOR
UPON hearing the counsel the Court made the following
O R D E R
SMW(C) No. 4/2020:
As per the note submitted on 26.03.2022 by Mr. Gaurav Agarwal, learned Amicus Curiae, there are 5 issues which have to be dealt with by this Court, where it has become necessary 7 to give directions to the State Governments/Union Territories, primarily relating to the compliance of the orders passed by this court earlier.
The NCPCR has filed a status report on 24.03.2022 informing this Court that it has been receiving complaints that children who have lost either one or both parents since April, 2020 are left out in the identification process. The result is that they are not being produced before the Child Welfare Committees and are consequently, unable to avail the benefits of the schemes. The particulars of some of the complaints received by the NCPCR have been given in the status report. The process of identification of children should be continued by the State Governments/Union Territories without leaving any child who has lost either or both his parents during the pandemic. The concerned authorities in the State Government/Union Territory have to upload data on the Bal Swaraj portal after identification of the children has been completed. The State Governments/Union Territories are directed to file an affidavit within a period of three weeks from today, giving particulars of the children identified and the details of the data uploaded of such children who have lost either or both parents, on the Bal Swaraj Portal. In addition, the State Governments/Union Territories shall give information about the efforts that are made by the authorities to reach out to such children.
The updated status report of NCPCR filed on 01.04.2022 shows that as per the data uploaded by the State 8 Governments/Union Territories on the Bal Swaraj portal up to 30.03.2022, 10,793 children have lost both parents and 1,51,322 have lost at least one parent and 510 children are abandoned. Social investigation reports (SIRs) in respect of the majority of such children have not been finalized. The State Governments/Union Territories shall take steps to complete the process of preparation of SIRs in respect of all the children who have been identified.
19,825 letters have been written by the NCPCR to various district authorities for linking the child and his/her family members to various schemes. Only 920 action taken reports have been received from the authorities. The State Governments/Union Territories are directed to ensure immediate action is taken to link the children and his/her family members to various schemes and submit details of the same in the affidavit to be filed within a period of three weeks.
Several directions have been given to the State Governments by this Court in its earlier orders to ensure that the education of children who have lost either 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 children who have lost either or both parents. Children who have been permitted to continue in schools pursuant to our earlier orders should be continued in the schools without any hindrance. Such of 9 those children who have not been given the benefit of continuing in schools, shall be admitted in neighbourhood schools. The State Governments/Union Territories shall submit the particulars of the educational status of all the children who have lost either or both parents.
The NCPCR has stated in its status report dated 24.03.2022 that the details of assets and liabilities, i.e., properties, insurance, loans etc. of children who have lost either or both parents should be uploaded on the Bal Swaraj portal-Covid Care. The District Child Protection Officers and the District Magistrates concerned are directed to take the assistance of the District Legal Service Authorities to ensure that the properties of the deceased parents of the children are protected and that the children are not deprived of their properties. The other authorities concerned are directed to take steps to ascertain whether there is any loan or financial liability on the children and any threat to the properties belonging to the deceased parents of the children and upload the particulars on the Bal Swaraj portal.
List on 02.05.2022 at the end of the Board.
(Geeta Ahuja) (Anand Prakash) Court Master Court Master