The Supreme Court on Thursday asked States why exclusive human rights courts had not been set up yet. During a hearing, the Court highlighted how the human rights law of 1993 makes States responsible for setting up exclusive human rights courts with special public prosecutors in every district. “But till now not a single State has done it,” Chief Justice Dipak Misra remarked.
While staying an order passed by the Calcutta High Court against a probe into the trafficking of children lodged in orphanages, the apex court has included all the States as parties in the litigation. It also issued notices ordering them to respond about this 25-year-old lapse within the next two weeks.
Noting the rampant problem of orphanages trafficking children under their care, the Court decided to step in to protect the dignity of the child.
“The dignity of the child need to be protected. A child cannot be bartered away at the whim and fancy of the persons in charge of an orphanage,” a Supreme Court Bench led by Chief Justice Misra observed in its order.
The apex court said a person found guilty of trafficking children, apart from the punishment, is also liable for violation of human rights.
“The future of the country depends on our children. States have a great role to play... It is necessary to have a comprehensive view regarding the running of orphanages, mode and method of adoptions, care given to children in these institutions, treatment meted out to the children,” the Supreme Court observed.
The apex court stayed an order passed by the Calcutta High Court against an investigation launched by the National Commission for Protection of Child Rights (NCPCR), represented by Additional Solicitor General Tushar Mehta and advocate Anindita Pujari. The NCPCR had appealed against the Calcutta High Court’s decision to stop the probe.
The Supreme Court also stayed proceedings before the High Court.
The Bench posted the case for hearing on January 22, 2018.
