Bombay High Court Takes Suo-Motu Cognizance Of Transfer Of Orphan Girls From Observation Home Upon Attaining Majority Due To Lack Of Facilities

The Bombay High Court has taken suo-motu cognizance of transfer of orphan girls from an Observation Home to a Shelter Home after attaining majority age, due to lack of facilities there.

The Court took note of reports in media published in this regard in Daily Newspaper “Divya Marathi”.

A Division Bench of Justice Vibha Kankanwadi and Justice Sanjay A. Deshmukh observed, "....We are aware about the fact that the education facility is made available in observation homes but then if the education is to be given, which is in fact a right of every citizen even to get education after attaining majority, then whether shifting of the girl from the place where she grew till the 18 years of age, is in the interest of girl, is required to be considered. The mental process that such girl undergoes is also required to be considered and prima facie we observe that such girl, being a citizen, it would then be the mnresponsibility of the State Government to make such a facility available..."

The Petitioner was represented by Advocate Satyajeet S. Bora, while the Respondent was represented by Additional Public Prosecutor A.R. Kale.

It was reported that when the orphan girls, who were kept in observation homes, after declaring them as “child in need of care and protection” by the Child Welfare Committee attain majority then it is stated that these girls are sent to Mumbai or Nashik in the shelter homes as there is no facility for such girls after 18 years of age in Aurangabad and this also after if there is vacancy in such shelter homes at Mumbai or Nashik.

The Court noted that in view of Juvenile Justice Act, 2015, the CWC will have jurisdiction to decide whether a child is in need of care and protection, only if it is a child i.e. below 18 years of age, then the question arises as to what should be done with the girls after they attain majority.

The report also stated that each year, 20 girls who attain majority are sent to other districts and that there are three observation homes for girls in the city, wherein there are 300 girls kept, which includes girls from poor family, orphans or single parents or disabled or children of convicts. However, after attaining majority, such girls are then transferred to other districts

The newspaper gives an interview with a girl, who has recently attained majority and the process of sending her to the other district has started. She has completed her education of 12th standard in a good college in the city and she wants to be an engineer.

"...There would be such more girls in this city as well as in other districts also and therefore, we are taking suo moto cognizance of this problem on the basis of this newspaper clipping," the Court observed.

The Court thus appointed Advocate Satyajeet Bora, as an Amicus Curiae, who would prepare a detailed petition by taking basic data from various departments as well as from the CWC.

Cause Title: The Registrar (Judicial) High Court, Bench at Aurangabad vs. The State of Maharashtra and others

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