Arya Anathalaya, which has been in news for the death and alleged sexual abuse of orphan and destitute girls and boys on its premises, will now have to seek recognition from the Delhi Government under the Juvenile Justice Act, the Delhi High Court has held. Recognition under the Juvenile Justice Act calls for a proper inquiry into the amenities and functioning of child care institution.
The court was hearing a petition by Chhatravas, Chandra Arya Vidya Mandir, which runs Arya Anathalaya at Daryaganj, Arya Kanya Sadan and Arya Bal Griha.
The Delhi Government’s Department of Women and Child Development was directed to renew its licence, which had expired in August 2008.
In its order earlier this month, the Court also criticised the DWCD for its “flip-flop” on the law which should govern such institutions.
While clearing the confusion prevailing in the government on the law governing the institution, the Bench noted: “No doubt the officers of the DWCD, the Government of NCT of Delhi are an illuminating lot, but it appears that half of them are fused and the remaining half are confused.”
The Anathalaya had claimed in its petition that the Department be directed to renew their licence without insisting on obtaining registration or recognition/certification under the JJ Act as they were neither a children’s home as defined under the JJ Act nor did they keep children in need of care and protection and that it was running home for orphan girls and destitute boys and girls.
It directed the government to treat Anathalaya’s application for renewal of licence as plea for recognition under the JJ Act.
The Bench also held that children’s home, special homes, observation homes and shelter homes would be covered under the JJ Act as all previous laws cease to prevail.
