Mumbai: The Bombay High Court on Friday slammed the Maharashtra government for its stand that benefits given to orphaned children cannot be extended to abandoned children while asserting there is no distinction between the two.
Juvenile Justice Act does not distinguish
A division bench of Justices GS Patel and Neela Gokhale noted that the Juvenile Justice Act does not distinguish between a child who is abandoned and a child who is an orphan. The judges said on Thursday that they expected "far less bureaucracy and far more concern from the government".
Certificates to help avail benefits from govt.
The bench directed the Maharashtra government to issue certificates to two adult girls stating they were abandoned children. These certificates will help them avail benefits of government schemes, including reservation in educational institutions.
The HC passed the order while hearing a petition filed by NEST India Foundation, a charitable trust, which sought directions to authorities to issue certificates to the girls declaring them as abandoned children.
Additional government pleader Poornima Kantharia informed the court that according to a government resolution, the Maharashtra government differentiated between orphaned and abandoned children and, hence, the certificate could not be issued to abandoned children.
"An orphaned child gets a reservation that will not be applicable to those abandoned. Orphans have no one to care for them. Those abandoned have someone to take care of them," Kantharia said.
“No moral distinction between the two”
“There is no distinction, at least there is no moral distinction. There are benefits that orphans will get, but abandoned children will not? What according to you is the material distinction justifying or taking away the reservation to abandoned children? What is the logic?” asked justice Patel while refusing to accept the argument.
Distinction entirely meaningless, says court
The court said making such a distinction was entirely meaningless and it defeats the purpose of the Juvenile Justice Act. The bench further said it was the government's responsibility to look after children, orphaned or abandoned.
"We note that the definition of orphans, interestingly, also includes children whose legal guardian is incapable of caring for the child. Point to be noted is that the Act (Juvenile Justice Act) itself does not distinguish between a child who is abandoned and a child who is orphaned," the court said.
The court directed the Child Welfare Committee to decide the application filed by the two girls and posted the matter for further hearing on February 22.
