IN RE CONTAGION OF COVID 19 VIRUS IN CHILDREN PROTECTION HOMES Vs. STATE
LAWS(SC)-2020-4-10
SUPREME COURT OF INDIA
Decided on April 03,2020

In Re Contagion Of Covid 19 Virus In Children Protection Homes Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)This petition has been listed suo moto because of the COVID-19 pandemic which is sweeping the country. There are children who need care and attention and are kept in or children in conflict with law who are kept in various types of homes. There are also children who are kept in foster and kinship care. In these circumstances, it was felt that the interest of these children should be looked into. Interest of these children all of whom fall within the ambit of Juvenile Justice (Care and Protection of Children) Act, 2015 should be protected and to prevent the same, the following directions are issued.
(2.)As the pandemic COVID-19 is intensifying in India, it is important that urgent measures need to be taken on priority to prevent the spread of the virus to Child Care Institutions (CCIs). These include children in need of care and protection (CNCP), and children in contact with the law (CiCWL) in Observation Homes. These directions also apply to children in foster and kinship care.
(3.)These directions have been formulated on the basis of current information and understanding of COVID-19 precautions and response. However, these are also evolving with the progress of the pandemic. State Government and nodal departments are therefore requested to keep the superintendents abreast with all relevant advisories, and circulars along with guidance issued where required. The Juvenile Justice Committees (JJCs) of every High Court shall also ensure that these directions are complied with in letter and spirit. At the same time, it will be ensured that the directions issued by the State in respect of lock-down shall not be violated. However, we hope and expect that the District authorities will give necessary permission to transfer children to their family homes or Juvenile Justice Board (JJB) or any other authority.
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