Hon'ble Ritu Raj Awasthi, J.
Notice on behalf of respondents no. 1, 2 and 4 has been accepted by the learned Chief Standing Counsel and on behalf of respondent no. 3 notice has been accepted by Assistant Solicitor General of India, who is represented by Sri Deepak Shukla.
Issue notice to respondent no. 5.
We direct that notice for respondent no. 5 be accepted by the counsel for Union of India, who shall inform/send notice to the respondent no. 5 informing the date fixed in the matter.
Let the matter be listed on 5.3.2010.
The petition raises important question relating to the children of the prisoners, who have no means to live, though they have a right to live decently with all facilities to live, which are required for healthy living in the society.
Learned counsel for the petitioner says that the matter relates to minor children whose parents are in prison and who belong to scheduled caste.
Learned counsel for the petitioner has placed reliance upon the provisions of the Commissions for Protection of Child Rights Act, 2005 and submits that the petitioners' children are entitled to the assistance as their poor parents (father and mother) have been convicted in a murder case and are in fail and they are of tender age with no means to live.
Section 13 of the said Act deals with functions of Commission and learned counsel placed reliance upon sub-clause (e), which obliges the Commission to look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures.
He further submits that under Section 17 of the Act, the State 2 Government is also obliged to form the Commission for protection of Child Rights to exercise the powers conferred upon, and to perform the functions assigned to it.
Let instructions be sought by the respondents' counsel in the matter. The respondents shall indicate if any such scheme and remedial measures have been suggested or carved out either by the State or by the Central Government or by the Commission, and whether such a Commission has been constituted, if not, the reasons therefor.
Dated: 28.1.2010 MFA