Excelsior Correspondent
SRINAGAR, Sept 28: Government today informed the Court that most of the Children Homes and Orphanages in the Valley do not fulfill requirements laid down in the Juvenile Justice Act of 2013.
The Commissioner/ Secretary Social Welfare Department has submitted that there are deficiencies in these orphanages and children homes with reference to accommodation and manpower. “It is submitted that the orphanages stand already registered under the Act of 2013. Therefore, it is the responsibility of the State to bring them at par with the provision of the Act”, read the report of Commissioner SWD.
Court has taken the report on record and directed the amicus curie to the PIL, B A Bashir Ahmad Bashir to prepare point of action on the report and place the same before the court on next date.
“Consequently the matter is adjourned to 12.10.17. We also direct the Chief Secretary that in future meeting with regard to the juvenile homes and observation homes, amicus be also invited to the meeting”, Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey said.
Court also directed Commissioner/Secretary Sports Council to provide all sporting facilities to children of observation home at Harwan and Shalimar as also proper coaching to them. During the course of proceedings, Court also observed to SWD counsel Hashim Hussain that give some exposure to these children by bringing them to the Courts so that they know the role of judiciary as also show them natural scenery.
It referred to the Supreme Court judgment in which direction has been given to frame time line for completing the process of registration of all child care institutions as well as enforcement of minimum standards of plans for full and proper utilization of grants given by the Union Government under the integrated child protection scheme.
In order to comply with the directions of the High Court as well as the directions passed by Supreme Court of India, Commissioner SWD stated that the State Government has prepared the action plan for the year 2017-18 in which 7 children homes from Kashmir division located in Kupwara, Kulgam, Budgam, Ganderbal, Srinagar and Pulwama which stand sanctioned in the year 2016-17 and the orphanages at Shalimar Srinagar proposed in the current plan of 2017-18, are to be supported and accordingly the action plan has been prepared which shall be placed before the GoI for release of grants so that among others the children homes sanctioned in the year 2016-17 are established as well as the existing homes located at Shopian, Shalimar Boys and Girls are upgraded as per the standards laid down under the JJ Act.
That, in addition to the grants to be released by the GoI for upgrading the existing Government run and NGO run children homes across the State as mentioned in the action plan, the State Government is committed to upgrade remaining children homes out of its own resources and for the purpose a meeting was convened by the CS on 27.9.2017.
“To prepare necessary DPRs for all Government run homes which are not in conformity with the standards laid down under the JJ Act within a period of three weeks and place the same before the competent authority for release of funds”.
It has also been discussed that the competent authority shall release the funds within a period of three months from the date of receipt of DPRs and that due to financial constraints all the children homes can’t be upgraded in one go as per requirements of rule of the JJ Act, therefore they shall be upgraded in a phased manner strictly as per the directions of this court read with the judgment of Supreme Court.
The Chief Secretary shall personally review the progress on regular basis and as such Court has been requested to grant a reasonable time of not less than three months for up-gradation/strengthening of existing homes as per the decision taken in the meeting chaired by CS of the State on 27.9.17.
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