The Rajasthan High Court takes suo moto note of ‘heartbreaking’ news about a homeless widow’s plea for protection of her children

High Court of Rajasthan: While Suo Motu took cognizance of a newspaper article published in ‘Rajasthan Patrika’ on 25-09-2024, which reported a widow living in a tent on a footpath with her four minor children, including two daughters, and in which negligence was highlighted in implementing child abuse protection laws and regulations in Rajasthan, a single judge bench of Anoop Kumar Dhand, J., issued notice to the respondents and directed them to provide immediate care, protection and shelter to the children and their mother who lived in the tent.

The present case arose from a report published in Rajasthan Patrikawhich highlights a harrowing situation involving a widow living on a footpath in Jaipur with her four minor children, including two daughters. The woman had filed an application with the Child Welfare Committee (CWC) requesting safe placement of her children, fearing possible harm, especially to her daughters. Despite the application being filed a month earlier, the CWC had not taken any protective measures and the official concerned claimed that he was not aware of the matter. The report highlighted negligence in the implementation of child protection laws and programs in Rajasthan.

After reading the newspaper report, the Court took suo motu notice and asked whether the State and the relevant authorities had failed in their duties to provide care and protection to vulnerable children, as required by law, and whether effective measures were being taken implemented. for child welfare.

The Court emphasized that protecting rights is not only a legal obligation, but also a moral obligation. It was stated that a child’s right to protection includes freedom from exploitation, abuse and inhuman treatment. The Court stated that several constitutional provisions, such as Article 15 and Article 21, guarantee children protection against exploitation, abuse and inhuman treatment. Furthermore, the Directive Principles (Article 39) require the State to ensure the safety and development of children.

“In India, millions of children face challenges that threaten their safety, well-being and development. The right to protection includes freedom from all forms of exploitation, violence, abuse and inhuman or degrading treatment.”

The Court also highlighted the existing legislative framework such as the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015). The Court stated that these laws, along with initiatives like ‘Mission Vatsalya Scheme, 2022’, are aimed at providing comprehensive protection and care to children in need.

The Court noted that despite the presence of various child protection laws, policies and institutions (such as the Rajasthan State Commission for Protection of Child Rights and the CWC), timely assistance was not provided to children in need, resulting in vulnerable children stay in unsafe conditions. The Court noted that the delay in action by the CWC and the officials involved reflected the poor implementation of the protective measures imposed by the law.

The Court referred Exploitation of children in orphanages, In re(2017) 7 SCC 578 en Bachpan Bachao Andolan v. Union of India(2011) 5 SCC 1, where the Supreme Court held so “No child should be deprived of his fundamental rights enshrined in the Constitution of India and believes that no child should be exposed to abuse, whether physical or emotional.”

The Court issued notices to the Chief Secretary of Rajasthan, the Department of Child Rights, the Rajasthan State Commission for Protection of Child Rights, the Child Welfare Committee, the Ministry of Women and Child Development (Union of India) and the Rajasthan State Legal Services Authority. The Court ordered the respondents to provide immediate care, protection and shelter to the children and their mother living in the tent.

The Court further directed the Chief Secretary of Rajasthan and other respondents to submit a report within two weeks on the steps taken to ensure protection of children, including proper implementation of laws and policies relating to child rights. The court took up the matter for further hearing on 16-10-2024 and indicated that the court will give appropriate directions based on the defendants’ report.

(Suo Motu: In the matter of children in need, care and protection v. State of RajasthanDecided on 01-10-2024)