SC asks the the CWCs and JJBs to consider releasing children amid corona crisis

The Supreme Court of India has taken the suo moto cognizance of COVID-19 in children protection homes, and directed the CWCs and JJBs to consider whether the children/child needs to be kept in CCIs or can be released considering their interest, health and safety concerns.

New Delhi: Taking the suo moto cognizance of COVID-19 in children protection homes, the Supreme Court has passed directions that contains a slew of measures to be followed by the Child Welfare Committees, Juvenile Justice Boards and Children Court, governments, Foster and Kinship care, etc.

Acknowledging the need to pass measures in the interest of children the apex court observed that, "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)".

CWCs and JJBs have been asked by the court to consider whether the children/child needs to be kept in CCIs or can be released considering their interest, health and safety concerns.

It has been advised to take video sessions or online sessions to prevent children from COVID-19 and monitor cases of children sent back home via telephone and coordinate with the District Child Protection committees and Foster care and Adoption Committees for children in foster care.

Court also emphasized on counselling services to be provided to the children and their families as well on COVID-19. It also raised the concern of an increase in violence including sexual violence which may be exacerbated due to anxiety and stress due to lockdown and the fear of corona.

The state governments/UT have been asked to circulate information on COVID-19 to all the CCIs immediately, reducing in-person interaction, staff rotation in CCIs, ensure availability of counselling, adequate budgetary allocation, ensure availability of essential items like masks, sanitizers, food, water, clean clothes, menstrual hygiene products, etc.

Court has also directed take measures to prevent children from any kind of anxiety or stress. Among the suggestions given, it includes reassuring the children about their safety, encouraging them to connect, maintaining their routine with minimum disruptions possible, spending time with them by playing games or doing activities, etc.

"It is important to consider that violence, including sexual and gender-based violence, maybe exacerbated in contexts of anxiety and stress produced by lockdown and fear of disease.

Do not use corporal punishment/violence to discipline the children," read the order.

The court ordered to send a copy of the directions to the Chief Secretaries of each state/UT who have to convert it into the local language and pass on to all the CWCs and CCIs.

It has to be supplied to all the registrar generals of the HCs who would pass it on to the principal magistrates of the JJBs and presiding officers of the Children courts.

It has to be placed before the Chairperson of JJC who has to see the compliance of the directions and also monitor the implementation at least once a week.