HC drops case against childcare institution as no illegality found
The high court has closed the proceedings initiated by it based on a letter from the Child Welfare Committee (CWC), North Goa, alleging illegalities pertaining to childcare institutions.
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The HC, while disposing of the case, said that it neither found any illegality being undertaken at the House of Kathleen of El Shaddai Charitable Trust, nor found any children of the institute being exploited for soliciting donations.
The division bench of the HC, comprising justices Bharati Dangre and Nivedita Mehta, held that the CWC is under the wrong impression that the Juvenile Justice Act is a statute offering care for children only in need of protection and children in conflict with the law.
The HC held that there are children below the age of 18 who are susceptible to exploitation or, because they are not being taken care of by their own parents, are susceptible to exploitation.
It stated that if the NGO offers some solace to such parents and such children, it sees no reason why the CWC should come in the way.
Since it is a non-profit charity organisation with several childcare institutions as well as community centres under its aegis, and it implements various schemes for the welfare of children, the HC said it was unfortunate that it faced an accusation from the CWC.
Under the Juvenile Justice Act, the CWC had said, a child should be placed in institutional care only as the measure of last resort after a reasonable inquiry.
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