The Madras High Court Bench here on Friday was shocked to know that as many as 194 private child care homes were functioning without registration in 13 districts falling under its territorial jurisdiction and a whopping number of 9,285 destitute children were lodged in the illegal homes.
A Division Bench of Justices S. Nagamuthu and M.V. Muralidaran wondered how so many homes were allowed to function despite the existence of the statutory District Child Welfare Committees. It recorded the submission of Advocate General R. Muthukumaraswamy that they shall be closed down.
Granted time
The judges gave time to the Advocate General (AG) till November 25 to ascertain the possibility of taking blood samples of parents who had lost their children and that of children lodged in private as well as in government child care homes across the State and creating a DNA bank to help the police in solving child missing cases.
The orders were passed on a habeas corpus petition filed by M. Barakkath Nisha of Tenkasi accusing the Madurai city police of failing to trace her seven-year-old daughter, whom she suspected to have been sold by her former husband after he took custody of the child about four years ago following a decree of divorce.
However, following court directions, the police secured a girl from an unauthorised child care home here and produced her in court last week and claimed that she was the petitioner’s daughter.
Though the petitioner confirmed that it was her daughter, the child refused to go either with the petitioner or her former husband.
Hence, the judges ordered that the child be lodged in a recognised home till further orders.
When the case was heard on Friday, counsel representing the administrator of Love and Care Home submitted that the child taken away from their home and produced in court was not the petitioner’s daughter. Counsel claimed that the name of the petitioner’s child was M. Taslima alias Nasima, whereas the child produced in court was P. Joyce Glory, born to Palaru, who was no more, and P. Selvi of Karumbanur village near here.
She said that a DNA examination of the child would prove that the girl was not petitioner’s daughter.
Taken aback by the submissions, the judges directed the police to subject the petitioner, the child produced in court as well as Selvi to DNA examination and submit a report.
