The Allahabad High Court, suo moto, has initiated a public interest litigation (PIL) on Thursday to address the issues with the operation of child care institutions in the state of Uttar Pradesh.

Justice Ajay Bhanot's inspections of childcare institutions in Uttar Pradesh uncovered numerous shortcomings that directly infringe upon the fundamental rights safeguarded by Article 21 of the Indian Constitution for children living in these facilities.

Acknowledging the cramped and confined living conditions in which the children are placed, the bench, consisting of Chief Justice Pritinker Diwaker and Justice Ajay Bhanot, made the following observation: “the living conditions will hinder the holistic development of the children. The conditions we've observed are even worse than those in prisons. This Court cannot tolerate such neglect on the part of the State. The Juvenile Justice and POCSO Committee of this Court has issued several directives, urging the State Government to promptly take steps to relocate homes where children live in overcrowded conditions to more spacious places with appropriate facilities.”

Since there was no response from the State, the Court has issued a directive, as an interim solution, requiring the State Government to prioritize the relocation of these children to larger and more spacious homes with outdoor facilities.

The Court noted that the staff in these homes must receive training to ensure the well-rounded development of the children and pointed out that the budget allocation for these homes has remained unchanged for several years.

"The emotional development and physical activities of the children in these homes require special attention, given their circumstances, which are very different from those fortunate enough to have stable and supportive families. To address this, a suitable transformative environment and activity system must be established in consultation with professional organizations," directed the Court.

Regarding the education of children, the Court noted that educational facilities need improvement, and the staff and teachers should closely monitor the performance of children with unwavering attention. The Court directed that vocational education for the children should be enhanced.

Additionally, the Court has directed that special female counselors be appointed to assist girl children during their formative years.

Given that the Right to Free and Compulsory Education of Children is acknowledged as a fundamental right under the Constitution of India, the Court emphasized that it is the State's responsibility to ensure that the rights of children in observation homes are fully realized and upheld.

The Court has instructed the State Government to initiate a process to admit children into well-regarded schools located in the proximity of these homes.

Furthermore, the Court issued directives to the Principal Secretary of the Women and Child Development Department, Government of Uttar Pradesh in Lucknow. They were instructed to submit a personal affidavit in the case, specifically detailing the number of observation homes of various categories operated by both government and private entities in the state of Uttar Pradesh. The Court also mandated that the number of children in various age groups residing in these institutions should be disclosed before the Court.

When listing the case for November 6th, the Court made it clear that in the event of non-compliance with the orders issued, the Court might be compelled to take suitable action on the upcoming date.