Many charitable institutions in the state had approached the court challenging the directive to get registered under the Juvenile Justice (Care and Protection of Children) Act, 2015.Kochi: In a major relief to orphanages in the state, the High Court on Thursday ruled that the institutions registered under the Orphanage and Other Charitable Homes (Supervision and Control) Act, 1960, cannot be forced to comply with the norms of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Observing that most of the orphanages in the state do not receive any financial aid from the government, the court said that since these centers are charitable institutions funded by individuals or organizations, the state cannot force them to ensure infrastructure required for registration under the JJ Act.
It is the responsibility of the central and state governments to address the needs of these children by providing them with shelter, education and protection, the court added.
The existing orphanages registered under the Orphanage and Other Charitable Homes (Supervision and Control) Act will have to register under the JJ Act as per the Supreme Court order.
However, it is not mandatory to reclassify orphanages as child-care centers as stipulated by the JJ Act, the High Court said while disposing of multiple petitions, including the one filed by the Association of Orphanages and Charitable Institutions of Kerala, challenging the new stipulations.
“The rehabilitation and social re-integration of children in need of care and protection is the responsibility of the state and central governments. The government is the guardian of children living in orphanages. Instead of ensuring their safety and welfare by relocating them to centers with better infrastructure, the government should not leave these hapless inmates in the lurch by taking over the orphanages in the name of laws.
“It is not justifiable to force charitable institutions that function without government aid to follow strict regulations. Forceful implementation of law to improve standards is illogical. If an institution fails to comply with the stipulations to get registered under the Act, its inmates should be transferred to another center. There is no legal obstacle to the adoption of these children by government agencies,” the court added.
Many charitable institutions in the state had approached the court challenging the directive to get registered under the Juvenile Justice (Care and Protection of Children) Act, 2015.
