Verdict clarifies care can extend beyond Juvenile Justice Act’s scope
The High Court of Bombay at Goa has firmly backed El Shaddai Charitable Trust, ruling that neither the State nor the Child Welfare Committee (CWC) can obstruct NGOs from caring for vulnerable children simply because they fall outside the Juvenile Justice Act’s (JJ Act) strict definition of “children in need of care and protection.”
A division bench of Justices Bharati Dangre and Nivedita P Mehta, in an order on a public interest petition, found “no illegality” in the Trust running its Assagao home “House of Kathleen” to shelter children not formally referred under the JJ Act.
The court reminded the State that under Article 39 of the Constitution, it has a duty to ensure children grow up in conditions of freedom, dignity, and opportunity. This responsibility, the bench said, extends beyond those covered by the JJ Act – and the State should welcome help from credible NGOs that have the infrastructure to provide such care.
The judges dismissed CWC allegations that El Shaddai housed children without authorisation and misused their images online. Reviewing the material, the bench said the videos merely depicted “smiling faces” and daily activities, without disclosing sensitive details or identities in pending inquiries.
The order also addressed El Shaddai’s request to surrender its Child Care Institution registration under the JJ Act, so it could operate under the Goa Children’s Act and as a non-JJ Act NGO.
The court directed the Department of Women and Child Development to decide on this application within four weeks, in line with law.
Lauding the Trust’s “impressive” work over decades, the judges said that when an NGO steps in to protect children – whether they are abandoned, economically disadvantaged, or otherwise vulnerable – it “should not be impeded by the CWC.”
The verdict is expected to have wide implications for other NGOs in Goa, clarifying that lawful voluntary care for children beyond the JJ Act’s scope is both permissible and constitutionally supported.
