Supreme Court - Daily Orders
In Re Contagion Of Covid 19 Virus In ... vs Respondent(S) on 26 August, 2021
Bench: L. Nageswara Rao, Aniruddha Bose
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ITEM NO.1 Court 5 (Video Conferencing) 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.4/2020
IN RE CONTAGION OF COVID 19 VIRUS IN
CHILDREN PROTECTION HOMES Petitioner(s)
VERSUS
Respondent(s)
(MR GAURAV AGRAWAL, ADVOCATE (A.C)
IA No. 64373/2021 - APPROPRIATE ORDERS/DIRECTIONS)
Date : 26-08-2021 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
For the parties : By Courts Motion
Mr. Gaurav Agrawal, AOR (A.C.)
FOR NCPCR Mr. K. M. Nataraj, Ld. ASG
Ms. Swarupama Chaturvedi, AOR
Mr. Ashutosh Mohan, Adv.
Ms. Indira Bhakar Adv.
Mr. Vinayak Sharma, Adv.
Mr. Vatsal Joshi, Adv.
Union of India Mr. Aishwarya Bhati, ASG
Mr. Akshay Amritanshu, Adv
Ms. Swati Ghildiyal, Adv.
Mr. S.S. Rebello, Adv.
Ms. Chinmayee Chandra, Adv.
Mr. B.V. Balram Das, AOR
Mr. G.S. Makker,AOR
M/o Lakshdweep and Mr. Aishwarya Bhati, ASG
Signature Not Verified
Daman & Diu & Dagar Mr. S.S. Rebello, Adv.
Digitally signed by
JAGDISH KUMAR
Nagar Haveli
Date: 2021.08.27
16:36:09 IST Ms. Swati Ghildiyal, Adv.
Reason:
Mr. Akshay Amritanshu, Adv.
Ms. Chinmayee Chandra, Adv.
Mr. Prashant Singh B, Adv.
Mr. Amrish Kumar, AOR
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Mr. Raj Bahadur, AOR
Ms. Srishti Agnihotri, AOR
State of
Chhattisgarh Mr. Sumeer Sodhi AOR
Mr. Manoj Kumar Singh, AAG
Mr. Arjun Nanda,Adv.
Ms. Shreya Nair, Adv.
H.C.of Chhattisgarh Mr. Apoorv Kurup, AOR
Ms. Nidhi Mittal, Adv.
State of W.B. Mr. Suhaan Mukerji, Adv.
Ms. Liz Mathew, Adv.
Mr. Vishaal Prasad, Adv.
Mr. Nikhil Parikshith,Adv.
Mr. Abhishek Manchanda,Adv.
Mr. Sayandeep Pahari, Adv.
PLR Chambers & Co.
State of Mizoram Mr. Nirnimesh Dube, AOR
State of Haryana Ms. Bansuri Swaraj, AAG
Dr. Monika Gusain, AOR
U.T. of J&K Mr. G.M.Kawoosa,Adv.
Ms. Taruna Ardhendhumauli Prasad, Adv.
Ms. Pinky Behera, AOR
State of Karnataka Mr. V. N. Raghupathy, AOR
Mr. Md Apzal Ansari, Adv.
State of Assam Ms. Diksha Rai, AOR
Ms. Palak Mahajan, Adv.
Ms. Ragini Pandey, Adv.
State of Assam Mr. Raghvendra Kumar, Adv.
Mr. Anand Kumar Dubey, Adv.
Mr. Nishant Verma, Adv
Mr. Narendra Kumar, AOR
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. Amitabh Sinha, Adv.
Mr. K.V. Girish Chowdary, Adv.
U.T. of Andaman
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& Nicobar Mr. K.V. Jagdishvaran, Adv.
Ms. G. Indira, AOR
Mr. P. Gandeepan, Adv.
State of Bihar Mr. Manish Kumar, AOR
State of H.P. Mr. Himanshu Tyagi, AOR
State of Arunachal
Pradesh Mr. Pai Amit, AOR
Ms. Eliza Bar, Adv.
State of Manipur Mr. Pukhrambam Ramesh Kumar, AOR
Ms. Anupama Ngangom, Adv.
Mr. Karun Sharma, Adv.
Mr. Sharan Thakur,Adv.
Mr. Mahesh Thakur, AOR
Mr. Siddhartha Thakur,Adv.
Mr. V.G. Pragasam, AOR
UT of Puducherry Mr. Aravindh S., AOR
Mr. A.Lakshminarayanan Adv
State of Goa Mr. Arun R. Pedneker, Adv.
Ms. Mukti Chowdhary, AOR
Mr. Sachin Patil, AOR
Dr. Abhishek Atrey, AOR
State of Kerala Mr. G. Prakash, AOR
Ms. Priyanka Prakash, Adv.
Ms. Beena Prakash, Adv.
State of Odisha Dr. Anindita Pujari, AOR
Mr. Om Narayan Pandey, Adv.
State of Tripura Mr. Shuvodeep Roy, AOR
Mr. Kabir Shankar Bose,Adv.
State of Gujarat Ms. Deepanwita Priyanka, Adv.
State of Meghalaya Mr. Amit Kumar, AG
Mr. Avijit Mani Tripathi, AOR
Mr. T.K. Nayak, Adv.
Mr. K.V. Kharlyngdoh, Adv.
State of Punjab Ms. Jaspreet Gogia, AOR
Ms. Mandakini Singh, Adv.
Mr. Karanvir Gogia,Adv.
Ms. Shivangi Singhal,Adv.
Ms. Ashima Mandla, Adv
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State of Rajasthan Dr. Manish Singhvi, Sr. Adv.
Mr. Sandeep Kumar Jha, AOR
State of U.P. Ms. Garima Prashad, Sr. Adv./AAG
Mr. Rohit K. Singh, Adv.
Mr. Pritam Biswas, Adv.
Mr. Akshay Chowdhary, Adv.
Mr. Parth Yadav, Adv.
State of Telangana Mr. S. Udaya Kumar Sagar, AOR
Ms. Sweena Nair, Adv.
State of T.N. Dr. Joseph Aristotle S.,AOR
Ms. Preeti Singh, Adv.
Ms. Ripul Swati Kumari, Adv.
Mr. M.Yogesh Kanna, AOR
State of Nagaland Ms. K. Enatoli Sema, AOR
Mr. Amit Kumar Singh, Adv
Ms. Chubalemla Chang, Adv.
NCT Delhi Mr. Chirag M. Shroff, AOR
State of Mah. Mr. Rahul Chitnis, Adv.
Mr. Sachin Patil AOR.
Mr. Aaditya A. Pande, Adv
Mr. Geo Joseph,Adv.
State of Jharkhand Ms. Pragya Baghel, Adv
Ms. Pallavi Langar, AOR
State of Uttarakhand Ms. Rachana Srivastava, AOR
Mr. Vikas Negi, Adv.
State of Sikkim Mr. Raghvendra Kumar, Adv.
Mr. Anand Kumar Dubey, Adv.
Mr. Nishant Verma, Adv.
Mr. Narendra Kumar, AOR
State of M.P. Mr. Pulkit Agarwal, Adv.
Mr. Pashupati Nath Razdan, AOR.
Mr. Ashutosh Kumar, Adv.
Ms. Maitreyee Jagat Joshi, Adv.
Mr. K.P. Jayram, Adv.
Guwahati H.C. Mr. Abhimanyu Tewari, AOR
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U.T. of Chandigarh Mr. Ankit Goel, AOR
Ms. Shobha Gupta, AOR
Ms. Medha Garg, Adv.
Ms. Astha Sharma, AOR
Ms. Uttara Babbar, AOR
M/S. Knc, AOR
Mr. Ajay Pal, AOR
Mr. Gopal Singh, AOR
Society for Socio Mr. Manoj Swarup, AOR
Legislative Reforms Mr. Abhishek Swarup, Adv.
Ms. Lalita Kohli, Adv.
Dr. K.S. Bhati, Adv.
M/S. Manoj Swarup And Co., AOR
UPON hearing the counsel the Court made the following
O R D E R
On 27.07.2021, information was sought from all the State Governments/Union Territories regarding the identification of orphans and children who have lost either parent after March, 2020 and the stages of inquiries undertaken by the Child Welfare Committee (‘CWC’) in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘the Act’). The State Governments/Union Territories were also asked to furnish information relating to schemes that have been announced for the benefit of such children and the implementation of those schemes. The State Governments/Union Territories were further directed to provide information relating to the education of the distraught children and their continuation in the schools in which they are studying for the present academic year. 6
The catastrophe caused by the cataclysmic Covid- 19 has devastated many lives, especially children at a tender age who have lost their parents. 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. We are glad that the UOI and the State Governments / Union Territories have announced schemes to provide succour to the children in need. We have no doubt that the authorities concerned would leave no stone unturned to attend to the immediate basic needs of the crestfallen children. Satisfactory progress has been made by the executive in identification of the orphans and those children who have lost a parent during the pandemic. Preparation of Social Investigation Reports and Individual Care Plans is also on track. Inquiries by CWCs have to be expedited to identify children in need of care and protection and immediate steps have to be taken to ensure that the benefits of schemes reach the needy children. All children have a constitutional right to free and compulsory elementary education which is guaranteed by Article 21A of the Constitution of India. The State has a duty and obligation to facilitate education for children. We have no doubt that the State realizes the importance of continuance of education of the forlorn children.
Ms.Aishwarya Bhati, the learned ASG, on
instructions, submitted that the education of eligible
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children up to 18 years is sought to be provided for under the PM CARES For Children - Empowerment of COVID Affected Children, launched for support and empowerment of Covid-19 affected children. According to the said scheme, beneficiaries shall be given admission in the nearest Kendriya Vidyalaya or in a private school as a day scholar. On admission of the child in a private school, fees as per the RTE norms will be given from the PM CARES fund. The scheme also provides for covering the expenditure on uniforms, text books and notebooks. The learned ASG further submitted that 2600 children eligible for benefits under the scheme have been registered by the State Governments. Out of these, 418 applications have been approved by the District Magistrates. The District Magistrates are directed to complete the process of approval of the remaining children whose names have been registered for the benefit of the PM CARES Fund. In case of necessity, fee and other expenditure of the 2600 children, whose names have been registered for the PM CARES For Children Scheme, shall be taken care of by the Government of India.
For children who have lost either parent or both parents after March 2020, the State Governments shall confer with private schools to waive the fee of the distressed children for the current academic year. In case, the private institutions are unwilling to effectuate 8 such waiver, the State Governments shall shoulder the burden of the fee. In respect of those children amongst the 2600 registered under the PM CARES For Children Scheme, it is open to the State Governments to request the Government of India to bear the fee and other expenses pertaining to their education, for the current academic year.
The State Governments/Union Territories have filed their responses pursuant to the order dated 27.07.2021. As the learned Amicus Curiae dealt with each State separately in his note dated 25.08.2021 for today’s hearing, we propose to examine the response of each State. Before doing so, we wish to clarify 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. Such of those children need not be given the benefits that are announced by the State Governments. It is only those children who are in need of care and protection, in terms of the Act, who have to be provided with assistance by the State Governments. STATE OF ANDHRA PRADESH:
326 children have been identified as having become orphans and 7110 children identified as having lost one parent after March, 2020. According to the information 9 provided by the State Government, 5690 children have been produced before the CWCs. In respect of the announcement made by the State Government to pay Rs.10 lakh ex-gratia to each child who has been orphaned due to Covid-19, sanction has been given for 193 children. Insofar as the remaining children who lost one parent are concerned, the State Government has announced an amount of Rs.500/- per month to each child as supplementary support. 4342 children have been given the said benefit. 2150 children have been found to be studying in private schools and the Education Department of the State has informed the school managements that the expenditure for textbooks, uniforms etc. shall be borne by the State Government.
The learned Amicus Curiae submitted that the details of the inquiries to be conducted in accordance with the Act have not been provided by the State Government though it has been stated in the State Government’s affidavit that the inquiries would be completed at the earliest. He further pointed out that Annexure R-1 to the additional affidavit filed on behalf of the National Commission for Protection of Child Rights (‘NCPCR’) reveals that information relating to Stage 1 in respect of 122 orphans and 4020 children who have lost either parent has been furnished. As per the Annexure, Social Investigation Reports (SIRs) have been filed in respect of 190 orphans and 3163 children who have lost 10 either parent. The District Magistrates in the State of Andhra Pradesh have not uploaded information in respect of Stage 3 pertaining to individual care plan developed for each child. No information is forthcoming about Stage 4 which relates to the orders passed by the CWC under Section 37 of the Act on completion of inquiries, Stage 5 which deals with the various schemes available which may be applicable to the children and Stage 6 which enables tracking of the follow-up action. The learned Amicus Curiae further submitted that the State Government should take pro-active steps in taking care of those children whose education may be disrupted due to their loss of either parent or both parents.
Mr. Mahfooz Ahsan Nazki, learned counsel for the State of Andhra Pradesh, submitted that inquiries have been completed with respect to majority of the children. Suitable steps will be taken by the District Magistrates to upload the required information on the web portal on the NCPCR at the earliest. The State Government shall also take steps to ensure that the education of the children who have lost their parents shall not be disrupted for this academic year.
We direct the District Magistrates in the State of Andhra Pradesh to upload the required information of all 6 Stages in respect of the 326 children who have become orphans and 7110 children who has lost one parent. 11 Insofar as the supplementary support being granted by the State Government to children who may have meager or no resources in view of the loss of their parents, we direct the State Government to take necessary measures to protect and provide for these children. The State Government is further directed to ensure that their education for this academic year is not disrupted. In any event, the State Government shall ensure that the students continue in their respective schools (private or otherwise) where they are studying presently, at least for this academic year. STATE OF ASSAM:
We are informed by Ms. Diksha Rai Goswami, learned counsel appearing for the State of Assam, that 105 children who have lost both parents and 1049 who have lost a single parent have been identified. 971 SIRs have been prepared. Information relating to the inquiry conducted by the CWCs has not been provided. In respect of these 971 children, the CWC may proceed to complete the inquiries and pass orders under Section 37 of the Act. That apart, the State may take necessary steps under the schemes announced for the immediate succour of the children. Suitable measures may be taken to see that the education of the children who have lost their parents is continued for this academic year.12
STATE OF BIHAR:
According to the information provided in the additional affidavit filed by NCPCR, 330 orphans and 1814 children who have lost a single parent have been identified. Whereas, figures given by the State Government show that 45 children have lost their both parents and 1605 have lost one parent due to Covid-19. The State Government has provided financial assistance under ‘Bal Sahayata Yojna’ to the 45 children who have become orphans on account of the death of their parents due to Covid-19. It has been mentioned by the State Government that the CWC inquiries have been completed in respect of 1102 children. However, the chart filed by the NCPCR shows that information relating to inquiries done by the CWC is not uploaded on the web portal, though information relating to Stage 5 and Stage 6 has been given. The District Magistrates of the State of Bihar are directed to upload the requisite information pertaining to Stage 4 in respect of the 1102 children. With respect to the remaining identified children, the CWCs are directed to complete the inquiries at the earliest.
Mr.Manish Kumar, learned counsel appearing for the State of Bihar, submitted that the funds under the ICPS Scheme are not sufficient to meet the needs of the children who have lost one or both parents due to Covid-19. He 13 submitted that the amount of Rs.10 Lakh that has been allotted for each district needs to be enhanced. He further submitted that a direction should be given to the effect that the amount of Rs.10 Lakh allotted to a district can be utilized for other districts, depending on the number of children requiring assistance in such districts. These aspects shall be considered at a later stage. For the present, the State of Bihar will do well in ensuring that the immediate needs of the children in distress are addressed and that the education of the children who have lost their parents is not disturbed for the current academic year.
STATE OF CHHATTISGARH:
As per the information provided in the NCPCR additional affidavit, 116 children have become orphans and 318 children have lost one parent. The information available on the web portal of the NCPCR reveals that all particulars relating to 109 orphans and 311 children who have lost a single parent have been furnished. However, we find that data relating to Stage 4 is missing. The District Magistrates in the State of Chhattisgarh are directed to upload the information pertaining to Stage 4 on the NCPCR website, if not already furnished.
The State of Chhattisgarh has notified ‘Chhattisgarh Mahtari Dular Scheme-2021’ for free education 14 in government schools to the children of those who died due to Covid-19. 127 children have been enrolled under the said scheme and 50 children have been given the benefit of a scholarship, which is of an amount of Rs.500/- per month for those in class I to VIII and Rs.1000/- per month for those in class IX to XII. The State has also come forward with a scheme by which all the educational expenses of those children who have lost their parents due to Covid-19 would be taken care of. As the State is responsible to protect disadvantaged children, whether they have lost their parents due to Covid-19 or during Covid-19, we direct the State of Chhattisgarh to consider extending the ‘Chhattisgarh Mahtari Dular Scheme-2021’ to all children who have become orphans or have lost either parent after March, 2020.
STATE OF GUJARAT:
Out of 1143 children who have become orphans and 7729 children who have lost either parent, 7045 children have been produced before the CWC. Inquiries by the CWCs have been completed in respect of 5017 children. The details of the inquiries made by the CWCs are not found on the web portal of the NCPCR. If the required information has not been provided, the District Magistrates in the State of Gujarat are directed to upload the details pertaining to the CWC orders on the web portal expeditiously. The CWCs are directed to 15 complete the process of conducting inquiries under Section 36 of the Act at the earliest.
STATE OF HARYANA:
The State of Haryana has identified 3356 children who have lost a single parent and 99 children who have become orphans. 2676 children have been produced before the CWC. From the information provided by the NCPCR, the SIRs have been uploaded only in respect of 230 children. The District Magistrates in the State of Haryana are directed to ensure completion of the process of preparation of the SIRs and upload the information required under Stage 2 on the web portal of the NCPCR, without any further delay. The financial assistance that has been announced by the State under the ‘Mukhya Mantri Bal Seva Yojana’ shall be made available to all eligible children. The State may consider extension of the said scheme to children who have become orphans or lost either parent during Covid-19.
STATE OF JHARKHAND:
1088 children out of 1118 children requiring assistance and support have been produced before the CWCs. The CWC has completed inquiry in 995 cases, however, this information is not reflected in the web portal of the NCPCR. The District Magistrates of the State are directed to upload the information of the SIRs as well as the inquiries conducted by the CWC on the web 16 portal at the earliest. The State of Jharkhand has directed private schools in which 442 children in need are studying to waive their fees. The learned counsel for the State submitted that a few schools have come forward to announce that they will not charge fees from children who have lost either or both parents due to Covid-19. STATE OF KERALA:
According to the note submitted by the learned Amicus Curiae, the information required to be given by the State of Kerala to the NCPCR is not reflected in the chart in Annexure R-1 to the additional affidavit filed by the NCPCR. Mr. G. Prakash, the learned counsel for the State, submitted that the SIRs with respect to 1000 out of 2700 children have been completed. The concerned authorities from the State of Kerala are directed to upload the required information on the ‘Bal Swaraj’ web portal of the NCPCR for all Stages within 15 days from today, if not already done.
Mr.G.Prakash, the learned counsel, further submitted that according to the scheme framed by the State Government, the education of orphans and children who have lost one parent due to Covid-19 shall be taken care of till they attain the age of 18 years. The State Government is directed to consider extending the said scheme to all children who have lost either or both parents during Covid-19. The District Child Protection 17 Officers (‘DCPOs’) were directed by the State Government to ensure continuation of education of 399 orphans and children who have lost either parent and are studying in private schools. The DCPOs are directed to ensure that the 399 students studying in private schools are permitted to continue their education without any disturbance. The State Government is directed to ensure that the financial assistance promised to these children is granted.
STATE OF MAHARASHTRA:
The concerned authorities in the State of Maharashtra are directed to complete the process of preparation of SIRs at the earliest. CWCs are directed to expedite inquiries under Section 36 of the Act. Information pertaining to Stages 2 and 3 may be posted on the web portal of the NCPCR without any further delay. Unless this information is available, it will be difficult to identify the educational needs of children who have lost either or both parents during the pandemic. There are a large number of such children in the State of Maharashtra. The State Government and its authorities are directed not to delay the process of identification of such children requiring support and assistance. The State of Maharashtra is also directed to ensure that the benefits announced by them under ‘Bal Sangopan Scheme’ reach the eligible children in need. 18
An affidavit may be filed by the State of Maharashtra within a period of 3 weeks giving
particulars of the progress made in preparation of SIRs of orphans and children who have lost either parent, the stage of the inquiries conducted by the CWCs under Section 36 of the Act and the details of the various schemes announced, along with the status of their implementation.
STATES OF MANIPUR, MEGHALAYA, MIZORAM, NAGALAND, SIKKIM & TRIPURA:
The information provided by these State Governments would show that progress has been made in identifying distressed children. The State Governments have also informed this Court that financial assistance is being extended to children who have become orphans or have lost one parent. They have also brought to the notice of this Court that care is being taken to continue the education of such children, without any disruption.
In respect of the State of Manipur, the ‘Chief Minister Bal Seva Scheme’ applies only to children who have become orphans. The State Government is directed to consider extending the said scheme to the 209 other children who have lost either parent.
For the present, no direction needs to be given to the other State Governments.19
STATE OF ODISHA:
The State Government has provided information stating that 1231 children have become orphans and 23654 children have lost one parent after 01.04.2020. All the orphaned children and 10016 children who have lost a parent have been produced before the CWC. However, the ‘Bal Swaraj’ web portal shows that only 8498 children have lost either or both parents. The District Magistrates in the State of Odisha are directed to upload the relevant information of all 6 Stages within a period of two weeks from today. Such of those children who have not been produced before the CWCs shall be brought before the CWC at the earliest and the CWC shall, as soon as possible thereafter, complete the inquiry under Section 36 of the Act. The Ashirvad Scheme launched by the State Government for the care and protection of children who have lost their parents during the pandemic shall be implemented for all those eligible children who have not yet received the benefits.
The State Government has furnished information that 36 orphaned children and 270 children who have lost either parent are studying in private schools and their continuation in the schools without disturbance has been facilitated by the State Government.
20STATE OF PUNJAB:
The information that is required to be provided by the NCPCR shall be given by the State of Punjab by uploading the same on the web portal of the NCPCR for all 6 Stages within a period of two weeks from today.
STATE OF TAMIL NADU:
Mr. Joseph Aristotle, learned counsel appearing for the State of Tamil Nadu, submitted that the CWC has completed inquiries in 4774 cases out of nearly 6800 children who have become orphans or lost either of their parents during the pandemic. After completion of inquiry, 2829 children have been found to be Children in Need of Care & Protection (CNCP). Mr. Aristotle submitted that 2818 children were found fit to reside with their parents / guardians while 11 children have been shifted to child care centres. The CWCs are directed to complete the inquiries in respect of the remaining children. A scheme has been announced by the State Government by which an amount of Rs.3,000/- per month is sanctioned for children who have lost either or both parents due to Covid-19. The State Government is directed to consider extending the said scheme to all children who have become orphans or lost either parent 21 during the pandemic.
We are informed that 3498 children are studying in private schools and steps are being taken to ensure that they continue in their respective schools. The State Government is directed to take necessary measures to ensure that the students continue in the same schools at least for this academic year, either by requesting the private schools to waive their fee or by bearing the fee and expenditure of such children.
An affidavit shall be filed by the State of Tamil Nadu furnishing the details relating to the completion of inquiries by the CWCs in respect of all children who have become orphans or lost either parent during the pandemic and the particulars of the benefits that are given to the said children.
STATE OF TELANGANA:
There are 221 children who have lost both parents during the pandemic and are provided the benefit of the ICPS Scheme of Rs.2,000/- per month. In so far as 914 children who have lost one parent, no information is forthcoming as to whether SIRs have been finalized and inquiries as provided in Section 36 of the Act have been completed. The State of Telangana is directed to take immediate steps for finalisation of SIRs and completion of inquiries by the CWC under Section 36 of the Act. The 22 information required to be provided by the NCPCR shall be posted on the ‘Bal Swaraj’ web portal for all 6 Stages within a period of three weeks from today. 96 out of 221 orphaned children are studying in private schools. According to the State, their education needs are being taken care of by the Government. The State Government is directed to extend this benefit to those children out of the 914 who have lost one parent and are studying in private schools.
STATE OF UTTAR PRADESH:
Ms. Garima Prasad, learned Additional Advocate General appearing for the State of Uttar Pradesh, submitted that the ‘Uttar Pradesh Mukhya Mantri Bal Seva Yojana’ has been floated by the State Government providing assistance of Rs. 4,000/- per month to children who have lost their parents due to Covid-19 and Rs. 2500/- per month to children who have lost either or both parents during the pandemic. She submitted that the scheme has been implemented and the eligible children have been given the amounts promised under the scheme. She further submitted that directions have been issued by the State Government not to discontinue the education of the distressed children in private schools on the ground of non-payment of fees.
The identification of children requiring support and assistance is in progress. However, the 23 particulars relating to the SIRs and the completion of the inquiries by the CWCs have not been uploaded on the web portal of the NCPCR. The District Magistrates in the State of Uttar Pradesh are directed to take immediate steps to provide the required information for all 6 Stages on the web portal of the NCPCR within a period of two weeks from today. The CWCs are directed to complete inquiries under Section 36 of the Act within a period of three weeks from today. STATE OF UTTARAKHAND:
Ms. Rachna Srivastava, learned counsel appearing for the State of Uttarakhand, submitted that a combined total of 1729 children out of the 120 orphaned children and the 1890 children who have lost one parent have been produced before the CWC. However, inquiry has been completed only in respect of 225 children. The CWCs are directed to complete the inquiry in respect of the remaining children within a period of three weeks from today.
STATE OF WEST BENGAL:
The State of West Bengal has filed an affidavit furnishing information relating to 3940 children being produced before the CWC out of 6563 children who have become orphans or lost either parent. According to the State Government, SIRs have been completed in respect of 1545 children and ICPs are being prepared in respect of 24 786 children. The CWCs are directed to complete the remaining inquiries within a period of three weeks from today. The District Magistrates in the State of West Bengal are directed to upload the requisite information on the web portal of NCPCR till Stage 6 within a period of three weeks from today.
We are informed that 261 children are studying in private schools and the State Government is taking steps to ensure that the children continue to study in their respective schools. We are also informed that 578 children have been identified for support of an amount of Rs. 2000/- per month under the ICPS scheme. The State Government shall ensure that the benefit of the scheme reaches to the identified children at the earliest. The State Government shall also ensure that the education of the children studying in private schools is not disturbed.
It is made clear that all pending inquiries shall be completed by the CWCs within three weeks from today. Status reports shall be filed by all the State Governments within four weeks.
List on 07.10.2021.
(B.Parvathi) (Geeta Ahuja) (Nirmala Negi) (Anand Prakash) Court Master Court Master Court Master Court Master