New
Delhi:
COVID-19 has devastated many lives and it is “heart wrenching” that the
survival of children who lost either or both parents during the pandemic is at
stake, the Supreme Court said, but expressed satisfaction over schemes
announced by the Centre and states for them.
The
Supreme Court said that “satisfactory progress” has been made by the Executive
in identifying children who have either become orphans or have lost one of
their parents during the COVID-19 pandemic.
“We
are glad that the UoI (Union of India) and the state governments/Union
Territories have announced schemes to provide succour to the children in need.
We have no doubt that the authorities concerned would leave no stone unturned
to attend to the immediate basic needs of the crestfallen children,” said a
bench of justices L Nageswara Rao and Aniruddha Bose.
The
top court, which was hearing a suo motu matter on ''Contagion of COVID-19 on
children protection homes'', noted in its order that over one lakh children
have lost either or both parents during the pandemic.
“The
catastrophe caused by the cataclysmic COVID-19 has devastated many lives,
especially children at a tender age who have lost their parents,” the bench
said, adding that “it is heart-wrenching to note that the survival of so many
children is at stake.”
It
said inquiries by Child Welfare Committee (CWCs), in accordance with provisions
of the Juvenile Justice (Care and Protection of Children) Act, 2015, have to be
expedited to identify those children who are in need of care and protection.
Immediate
steps also have to be taken to ensure that benefits of schemes reach the needy
minors, the bench said.
The
Supreme Court said all children have a constitutional right to free and
compulsory elementary education and the State has a duty and obligation to
facilitate education for children.
“We
have no doubt that the State realizes the importance of continuance of
education of the forlorn children,” the bench said in its August 26 order.
The
bench noted the submissions of Additional Solicitor General Aishwarya Bhati,
appearing for the Centre, that education of eligible children up to 18 years is
sought to be provided for under the “PM CARES for Children” scheme launched for
support and empowerment of COVID-19 affected children.
Ms
Bhati told the bench that 2,600 children eligible for benefits under the scheme
have been registered by states and out of these, 418 applications have been
approved by district magistrates.
The
bench directed district magistrates to complete the process of approval of
applications of the remaining children whose names have been registered for the
''PM CARES'' scheme.
“In
case of necessity, fee and other expenditure of the 2,600 children, whose names
have been registered for the ''PM CARES for Children'' scheme, shall be taken
care of by the government of India,” it said.
The
bench said for children, who have lost either or both parents after March last
year, state governments shall confer with private schools to waive the fee of
distressed children for the current academic year.
“In
case, the private institutions are unwilling to effectuate such waiver, the
state government shall shoulder the burden of the fee,” the court said, adding,
“In respect of those children amongst the 2,600 registered under the ''PM CARES
for Children scheme'', it is open to state governments to request the
government of India to bear the fee and other expenses pertaining to their
education, for the current academic year.”
While
perusing state-wise details placed before it, the bench said after completion
of inquiries, CWCs may identify those children who do not need care and
protection, and financial assistance from the states.
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