SC issues notice to government on orphanage issue

New Delhi: The Supreme Court has sought the government's response to a petition about the unauthorized orphanages and child care centres in the state, citing recent discovery of around 600 children from other states being illegally trafficked to Kerala.

A bench headed by Justice HL Dattu issued notice to the state on an application filed by amicus curiae Aparna Bhat who cited recent reports about children being transported from northern states to Kerala without prior permission from respective state governments or valid documents.

The transporting of children from Jharkhand, Bihar and West Bengal can only be termed as 'human trafficking' under Section 370 and 370A of the Indian Penal Code, said the Supreme Court.

During the course of investigation, three accused (involved in the trafficking of these 600 children) confessed that they were working for Mukkam Muslim Orphanage and the others said they belonged to the Vettathur Anwarul Orphanage in Malappuram. Several such orphanages exist in north Kerala, Bhat said.

Kerala is the only state where their registration is not compulsory, the court said. This was because the state government had in 2010 granted exemption from registration under Juvenile Justice (Care and Protection of Children) Act to institutions which were already registered under the Orphansages and Other Charitable Homes (Supervision and Control) Act, 1960.

The amicus in the case relating to "exploitation of children" had requested the court to direct the state government to submit a list of child care institutions, government, private, voluntary organizations and inform how many of them were registered under the JJ Act.

It also requested the court to revoke the government's 2010 decision to grant exemption from registration under JJ Act to orphanages and child care institutions and file an action taken report against those which breached the law.