The Ministry of Women and Child Development is formulating guidelines for children's hostels, prescribing the minimum standards of care that should be provided to children. This comes in the wake of institutions, housing children on the request of parents who are unable to take care of them and their education or due to other circumstances which force parents to keep them at children's homes, not registering under the Juvenile Justice (Care and Protection of Children) Act,2015.
The Supreme Court in its Order in the case of “Exploitation of Children in Orphanages in the State of Tamil Nadu” Vs. Union of India [Writ Petition (Criminal) No. 102 of 2007] has directed that the definition of the expression ‘child in need of care and protection’ under Section 2 (14) of the JJ Act, 2015 should not be interpreted as an exhaustive definition. The definition is illustrative and the benefits envisaged for the children in need of care and protection should be extended to all such children requiring State care and protection. Further, vide the same order, the Union and the State Governments have been directed to enforce minimum standards of care required for such children living in any facility either created by the Government system or by civil society organisations.
In view of the directions of the Apex Court in Writ Petition (Criminal) No. 102 of 2007, the Ministry is drafting the guidelines which will be applicable to any institution not falling under the categories mentioned in the JJ Act.
