Maharashtra can't deny aid to child care homes: Bombay HC
What's the story
The Bombay High Court has slammed the Maharashtra government for delaying financial assistance to children's homes. The Aurangabad bench observed that the state cannot deny or postpone aid "without reasonable justification," especially while extending support to other schemes like Ladki Bahin Yojana. The court directed the government to formulate a policy within six months for salary grants to deserving NGOs running these homes under the Juvenile Justice Act.
Welfare priority
Bench hopes state government will act positively
The court stressed that resource allocation must meet the reasonableness test under Article 14 of the Constitution. It emphasized the state's constitutional duty to prioritize children's welfare, education, and rehabilitation. The bench said failure to do so would defeat the purpose of the Juvenile Justice law and endanger societal interests. "We hope and trust that the state government would act positively in this regard," a bench of Justices Kishore C Sant and Sushil M Ghodeswar observed.
Pay parity
Petitions filed by employees of child homes
The court's decision came on petitions filed by employees of child homes run by unaided voluntary organizations. These employees, including superintendents, counselors, clerks, caretakers, and cooks, had approached the court seeking directions to bring their serving conditions at par with state government employees and to sanction/release salary grants. They argued that under Section 34 of the Juvenile Justice Act, the state is required to establish these homes in association with NGOs and ensure their management.
Quote cited
Judges disappointed with state's handling of issue
The petitioners also referred to a 2005 high court ruling that granted equal pay scales to employees of Balkalyan Nagari, a home for destitute children. The state government had then sanctioned salary grants only for select employees, leaving others out. The judges expressed their disappointment with the state government's handling of this issue despite earlier directions. They quoted late South African president Nelson Mandela: "Our children are the rock on which our future will be built."
Policy directive
HC directs government to identify competent children's homes
Disposing of the pleas, the high court asked the government to identify at least one competent children's home run by a voluntary organization in each district. These homes should have good capacity and infrastructure, along with competent staff. The court directed that a policy for salary grants be framed based on this criterion.