News of children being sold and trafficked from an orphanage in West Bengal led the Supreme Court on Thursday to turn the spotlight on the working of orphanages across the country. The Court directed all States and Union Territories to take stock of the NGOs and other organisations which are engaged in running orphanages to know whether adoption is being used as a front to traffic children.
The issue engaged the attention of the Court in a matter brought by the National Commission for Protection of Child Rights (NCPCR). The Commission came across a news item that reported about an orphanage in Jalpaiguri (WB) where children were being sold away or trafficked. The Commission wrote to the Additional Director General of Police (ADGP), CID, West Bengal Police to ascertain the facts. The said officer approached the Calcutta High Court to restrain the NCPCR from further proceeding in the matter as the same was already being monitored by the State Commission. After the HC stayed the hands of NCPCR, the apex child rights protection body came to the SC for vacating the order of August 29, 2017 passed by the HC.
While staying the HC order and proceedings, the apex bench headed by Chief Justice Dipak Misra said, "As the issue pertains to trafficking of children, which has a vital national concern and recognises no boundary, we think it appropriate to entertain the special leave petition." The Court directed Additional Solicitor General (ASG) Tushar Mehta appearing for Commission to include all States and UTs and posted the matter for hearing on January 22.
The Bench, also comprising Justices AM Khanwilkar and DY Chandrachud, said, "A right of a child in a society is sacred, for the future of the country depends upon the character and the destiny of the child and the State has a great role in that regard." Taking this view, the Bench added, "It is necessary to have a comprehensive view of the entire country pertaining to running of orphanages, the mode and method of adoption, the care given and the treatment meted out to the children."
In addition, the Court wanted States and UTs to inform about the availability of special courts and special prosecutors to try child trafficking cases which essentially are human rights violations under the Protection of Human Rights Act 1993.of Human Rights Act 1993.