Consider recognising city-based orphanage: HC to Delhi govt
4 March 2014 5:46 AM IST
The Delhi High Court on Monday asked the city government to consider according recognition to a orphanage here which had sought renewal of its licence.
A bench comprising justices Pradeep Nandrajog and Jayant Nath distinguished between recognition and registration of such institutions under various laws, including Juvenile Justice (Care and Protection of Children) Act and the Women and Children Institutions Licensing Act, 1956. The court said that registration of an orphanage is ‘independent’ of its recognition which has to be decided by a state government with reference to the norms prescribed for a recognised institute.
The bench pronounced the judgement while disposing of a plea by city-based orphanage Chhatravas, which provides, free of charge, boarding and lodging to orphan and destitute girls at its two campuses in East of Kailash here.
The orphanage had sought a direction to the Department of Women and Child Development to renew its licence which had expired in 2008.
The court took strong exception to the ‘flip-flop’ of the department which gave contrary statements on the issue of recognition and renewal of licence. ‘No doubt the officers of the Department of Women and Child Development, Government of NCT of Delhi are an illuminating lot, but it appears that half of them are fused and the remaining half are confused,’ it said.
The high court in its judgement further said, ‘Sometimes the stand taken is that with the promulgation of the Juvenile Justice Act, 2000, the Women and Children Institutions Licensing Act, 1956 has been repealed and thus the petitioner would not be entitled to a renewal of the license granted to it under said Act for running a home for orphans... and that petitioner should obtain a permission under the Juvenile Justice Act.’
A bench comprising justices Pradeep Nandrajog and Jayant Nath distinguished between recognition and registration of such institutions under various laws, including Juvenile Justice (Care and Protection of Children) Act and the Women and Children Institutions Licensing Act, 1956. The court said that registration of an orphanage is ‘independent’ of its recognition which has to be decided by a state government with reference to the norms prescribed for a recognised institute.
The bench pronounced the judgement while disposing of a plea by city-based orphanage Chhatravas, which provides, free of charge, boarding and lodging to orphan and destitute girls at its two campuses in East of Kailash here.
The orphanage had sought a direction to the Department of Women and Child Development to renew its licence which had expired in 2008.
The court took strong exception to the ‘flip-flop’ of the department which gave contrary statements on the issue of recognition and renewal of licence. ‘No doubt the officers of the Department of Women and Child Development, Government of NCT of Delhi are an illuminating lot, but it appears that half of them are fused and the remaining half are confused,’ it said.
The high court in its judgement further said, ‘Sometimes the stand taken is that with the promulgation of the Juvenile Justice Act, 2000, the Women and Children Institutions Licensing Act, 1956 has been repealed and thus the petitioner would not be entitled to a renewal of the license granted to it under said Act for running a home for orphans... and that petitioner should obtain a permission under the Juvenile Justice Act.’
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