Orphanages told to heed Juvenile Justice Act

KOZHIKODE: In a move to have better control over orphanages and child care institutions in the state, the Social Justice Department has come up with a new circular to those institutions to immediately register under the Juvenile Justice (Care and Protection of Children) Act 2015.

Those failing to register within six months from January 15 will face a jail term up to one year or a fine of Rs 1 lakh or both. Every delayed 30 days after the prescribed time, will be considered as a different offence.

“Those in charge of such homes, are required to hand over the details prescribed in the Juvenile Justice rules 2014, and fill in the forms as per rule 86, to the respective child protection officers of the districts. The child protection officers should accept the application forms and return the institutions with the receipts,” states the circular.

Once the applications are received, the child protection officers will visit the institutions and they should send the report to the Social Justice directorate within 10 days and with clear recommendations. Those failing to abide by the recommendations will also have to face disciplinary actions.

There was already a Juvenile Justice Act 2000 and according to section 34, those institutions that housed children in need of care and protection and those coming under government or private agencies were bound to register.

However, on February 11, 2010, the state government issued an order in favour of these institutions, where they could opt out of registering, once they were registered under the Orphanage Act 1960. So, many of the orphanages did not register, utilising this provision of the order.

This loophole in the Act was challenged by some of the NGOs and they filed a writ petition in the High Court. On that petition, the HC found that the 11.02.2010 order does not stand and all the institutions that house children aged less than 18 and in need of care and protection should register.