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Kerala HC directs authorities to implement SC order on prevention of COVID-19

The High Court of Kerala Monday initiated a suo moto writ proceeding to monitor implementation of the order of Supreme Court passed in respect to prevention of COVID-19 in children protection homes.

The division bench comprising of Justice A.K. Jayasankaran Nambiar & Justice Shaji P. Chaly observed that the Supreme Court has issued directions to all the stakeholders who are managing the affairs of the Children Homes functioning under the Juvenile Justice Act, 2015. The bench also suo moto impleaded the Special Secretary, Social Justice Department and the Director, Women and Child Development Department to monitor the matter and ensure protection of the children in the Children Homes as is directed by the Apex Court, especially to the Juvenile Justice Committee of the High Courts.

“State Government and nodal departments are therefore requested to keep the superintendents abreast with all relevant advisories, and circulars along with guidance issued where required. The Juvenile Justice Committees (JJCs) of every High Court shall also ensure that these directions are complied with in letter and spirit. At the same time, it will be ensured that the directions issued by the State in respect of lockdown shall not be violated. However, we hope and expect that the District authorities will give necessary permission to transfer children to their family homes or Juvenile Justice Board (JJB) or any other authority” said Supreme Court in its order dated 3rd of April, 2020.

The bench further observed that the Supreme Court has also directed the Juvenile Justice High Court Committee to monitor the steps taken by the State Government in regard to the directives issued by the Apex Court, periodically and at least once a week and sought report from all the concerned authorities on steps taken by them in this regard with details. The Court has now posted the case for further directions on 15th of April, 2020.

-India Legal Bureau

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