Rajasthan HC Takes Suo Motu Cognisance of Widow's Plight Living in Tent with Four Minor Children

Rajasthan HC Takes Suo Motu Cognisance of Widow's Plight Living in Tent with Four Minor Children

The Rajasthan High Court has recently initiated suo motu proceedings in response to a newspaper report detailing the grave circumstances of a widow residing in a roadside tent with her four young children, including two daughters.

The Court referred to an article published on September 25 in the local newspaper, Rajasthan Patrika, which shed light on the widow's distressing situation.

Justice Anoop Kumar Dhand described the report as heartbreaking and noted that it reflects the inadequate enforcement of welfare laws.

"Poor implementation of laws and schemes is creating such situations in the State that a widow lady, residing at footpath in a tent, having four minor children, including two daughters," the October 1 order said.

Justice Dhand also highlighted that the woman had submitted an application to the Child Welfare Committee, voicing her concerns for her daughters and requesting safe shelter for her children. Unfortunately, this application has been overlooked, with no action taken to date.

In response, the Court has initiated a public interest litigation (PIL) and called upon both State and Central government authorities to respond within two weeks regarding the measures implemented to enforce child welfare laws. Meanwhile, the Court directed the State to ensure proper care, protection, and attention for the children and their widowed mother.

The Court reviewed several child protection initiatives, including Mission Vatsalya (2002), the Rajasthan State Commission for Protection of Child Rights (2010), and the Department of Child Rights (2013). It noted, however, that the State has failed to meet its obligations under these laws and schemes.

Furthermore, the Court acknowledged that children under 18 years of age make up 39 percent of India’s population, with 43.6 percent in Rajasthan. Despite the existence of various policies aimed at child development and rights protection—such as the establishment of the Rajasthan State Commission for Protection of Child Rights in 2010—the State has struggled to implement these measures effectively.

The Court has also sought reports from the State and Union governments regarding the actions taken to protect children from abuse and to provide shelter, education, and other facilities for children living on the streets.

Additionally, the Court requested assistance from Senior Advocate Virendra Lodha, along with advocates Sunil Samdaria and Sonal Singh, as well as Additional Advocate General Manoj Sharma and Additional Solicitor General R.D. Rastogi. The case is scheduled for the next hearing on October 16.

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