IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 687 of 2011(I) ------------------------ PETITIONER(S): -------------------- PRETTY RACHEL KOSHY, AGED 31, CO-ORDINATOR CHILD RIGHTS INITIATIVE, MANAVALAN APARTMENTS, AMULIA STREET, KOCHI-18. BY ADV. SMT.SANDHYA RAJU RESPONDENT(S): ------------------------ 1. STATE GOVERNMENT OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. MINISTRY OF SOCIAL WELFARE, (GOVT. OF KERALA), REPRESENTED BY ITS PRINCIPAL SECRETARY OF STATE, SECRETARIAT TRIVANDRUM - 695 001. 3. MINISTRY OF LABOUR, (GOVT. OF KERALA, REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT, TRIVANDRUM -695 001.) 4. DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU ERNAKULAM-682 030. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 687 OF 2011 ===================== Dated this the 17th day of January, 2011 J U D G M E N T The writ petition concerns the future of 24 children hailing from West Bengal and Nepal, who were rescued from Raj Kamal Circus. According to the petitioner, on rescue of these children, they were produced before the Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act, 2000. It is stated that, under the orders of the Committee, 13 among them are now accommodated at Children's Home at Kakkanad and the remaining 11 at the Mahila Mandiram, Chambakkara. In this writ petition, what the petitioner complains is regarding the alleged delay on the part of the State Government in restoring the children to their respective parents in discharge of their obligations under the Act referred to above. 2. On the other hand, what the learned Government Pleader submits is that, on rescue of the children, these childrens have been accommodated in places mentioned above. It is stated that the Government have sanctioned appropriate amount for restoring the children to their parents and that the District WPC No. 687/11 :2 : Collector has already taken steps for identifying the parents of the concerned children for taking appropriate action for their restoration. When this submission was made, learned counsel for the petitioner submits that, the children hailing from West Bengal are from Jalpaiguri and Siliguri Districts. It is stated that now that their whereabouts are thus identified, it is incumbent on the State Government to discharge its duties under Section 38 of the Act. It is stated that the situation cannot justify any further delay, and therefore, this Court should direct restoration of the children forthwith. 3. As far as the children who hails from Nepal are concerned, even the submissions made by the petitioner does not show that, the Committee, which has jurisdiction of the area of their residence has been identified. Therefore, at this stage, it may not be proper for this Court to pass any order concerning those children. 4. Be that as it may, transfer of children rescued has to be dealt with as per Section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2000, which reads as under. 38. Transfer-(1) If during the inquiry it is found WPC No. 687/11 :3 : that he child hails from the place outside the jurisdiction of the Committee, the Committee shall order the transfer of the child to the competent authority having jurisdiction over the place of residence of the child. (2) Such juvenile or the child shall be escorted by the staff of the home in which he is lodged originally. (3) The State Government may make rules to provide for the travelling allowance to be paid to the child. 5. Now that the children are found to be hailing from West Bengal, it is necessary that the Committee shall order the transfer of the children to the competent authority having jurisdiction over the place of residence of the children concerned. Expression 'Competent Authority' occurring in Section 38 has been defined in Section 2(g) of the Act. In terms of the said provision, competent authority means the Welfare Committee of the concerned area. Therefore, in view of the provisions of Section 38, it is incumbent on the part of the respondents to restore the children to the Committee, who has jurisdiction over the place of residence of the children concerned. 6. In that view of the matter, it may not be necessary for the respondents to identify or locate the parents of the children, but rather their responsibility will end by restoring the children to the Committee concerned. In that view of the matter and also WPC No. 687/11 :4 : taking note of the fact that the Government of Kerala have already sanctioned necessary amounts for the restoration of the children, it is directed that, on the production of a copy of this judgment, the 4th respondent, the District Collector, will take appropriate action for transfer of the children to the Child Welfare Committee having jurisdiction over the place of residence of the children, who are found to be hailing from West Bengal. This the District Collector shall do without any further delay. 7. Petitioner shall produce a copy of this judgment before the District Collector for appropriate action in the matter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp