Rajasthan High Court Takes Suo Motu Cognizance Of Plight Of Balika Grah Inmates And Care Leavers | The True Character Of Society Is Revealed In How It Treats Its Children
Isabella Mariam
The High Court of Rajasthan Single Bench of Justice Anoop Kumar Dhand directed the registration of a suo motu public interest litigation based on a letter received from children at Balika Grah, Alwar, stating severe challenges faced due to non-receipt of grant-in-aid and alleged exploitation. The Court, in its 30 May 2025 order, issued notices to Central and State authorities and stated the necessity for a coordinated aftercare system to rehabilitate youth leaving child care institutions. The Court mandated immediate inspection of the Balika Grah by the District Collector and District Legal Services Authority and ordered a detailed report on the children's welfare and the stoppage of aid. The judgment called for policy reforms, enactments, and real-time database creation to empower Care Leavers transitioning into adulthood.
The matter came to the attention of the Rajasthan High Court through a letter dated 20 May 2025 from children residing at Balika Grah, Alwar. The letter alleged hardships stemming from the non-release of grant-in-aid and pointed to possible exploitation by state officials. Taking serious note of the content, the Court treated the letter as a writ petition in public interest.
The petition concerns the difficulties faced by girls residing in Balika Grah and the broader plight of "Care Leavers"—youths compelled to exit Child Care Institutions (CCIs) upon attaining majority. Stating India's constitutional mandate, the judgment referenced Articles 15, 21, and 39, outlining the legal and moral imperative to safeguard child rights.
The judgment detailed the framework of child protection laws, particularly the Juvenile Justice (Care and Protection of Children) Act, 2015 and its 2021 Amendment. Under these, Child Welfare Committees are formed as autonomous bodies responsible for safeguarding children in need of care and protection, including orphans, abandoned, or lost minors. The statutory mandate includes providing these children with adequate care, development opportunities, and rehabilitation support through CCIs such as Children’s Homes, Observation Homes, and Special Homes.
The Court observed that according to UNICEF and Childline India Foundation, India has around 30 million orphaned and abandoned children, with only 470,000 in institutionalized care. Institutional care aims to offer a clustered living environment with support across various dimensions, but adoption and reintegration rates remain poor.
Despite the existence of Mission Vatsalya and Rajasthan's Samarth Yojana, the Court noted that implementation has been inadequate, and many care leavers remain without identity documents like Aadhaar or Voter ID, making access to jobs, education, or housing impossible. These young adults frequently face emotional isolation, homelessness, and are susceptible to exploitation.
The Court cited data showing that nearly 40% of care leavers lack residence proof, 64% do not have voter ID cards, and 54% are without PAN cards. Furthermore, 25% are more likely to be involved in crime, and 23% of youth in the criminal justice system had previously lived in CCIs.
International obligations such as the UN Convention on the Rights of the Child and the Hague Adoption Convention were also referenced to illustrate India's global commitments to child welfare.
Justice Anoop Kumar Dhand stated: "The true character of society is revealed in how it treats its children." The Court recorded that children in CCIs, upon turning 18, are often left without housing, identity documents, or emotional and financial support, making their transition to adulthood perilous.
The Court recorded: "These youth, who 'age out' of care homes, orphanages, juvenile canters and CCIs, often step into adulthood without a stable identity, permanent address, shelter or a support system to rely upon."
The order continued to note that: "Care Leavers often face abrupt unsupported transition into adulthood, with no consistent/uniform support system."
Discussing the lack of a comprehensive monitoring mechanism, the Court observed: "There is no database for care leavers exiting the system and no system to monitor their progress." It cited an independent survey that showed alarming gaps in documentation and support, stating: "This clearly shows that their vulnerability is not because they lack potential, but because they lack support."
On deinstitutionalization, the Court warned: "De-institutionalization also contributes to the number of missing or runaway cases of children in the country." It referenced concerns raised by State Commission officers who noted that: "Without the care and protection from the government, children will fall prey to crime, abuse and sexual exploitation."
On the implementation side, the Court remarked: "Inspite of having several Child Laws and Policies, the welfare State has failed to discharge its duties in letter and spirit of the legislation."
The Court directed that the letter dated 20 May 2025, received from children at Balika Grah, Alwar, be treated as a suo motu writ petition and registered as a Public Interest Litigation under the title:
Suo Motu: In Re: In the matter of “Grievance of the Girls staying in Balika Grah and Care leavers fighting for their identity and rights after leaving shelter homes.”
Notices were issued to ten parties including: Union of India (Member Secretary, Child Development and Welfare Department), Chief Secretary (Government of Rajasthan), Secretary (Department of Women and Children, Rajasthan), Secretary (Department of Social Justice, Rajasthan), District Collector (Alwar), Assistant Director (Child Empowerment, Alwar), Director (Directorate for Child Rights Department, Jaipur), Rajasthan State Legal Services Authority, District Legal Services Authority (Alwar), and UNICEF Office for Rajasthan. The returnable date was fixed as four weeks.
The Court directed the District Collector, Alwar and the Secretary, District Legal Services Authority, Alwar to personally inspect the Balika Grah, Alwar. They were instructed to:
"Record the statements of the children lodged there and the Staff posted therein and make an enquiry regarding the challenges/difficulties faced by them and reasons for stoppage of grant-in-aid. They are further directed to ensure that the children residing there are not subjected to any abuse, be it physical or emotional."
In paragraph 34 of the order, the Court outlined key long-term remedial actions to be adopted by the Union and State Governments. These include:
- Financial Empowerment:Care Leavers should receive monthly stipends or extended benefits under Mission Vatsalya. They must be offered financial literacy programs and access to emergency funds. The Court stated: "Life skills training, financial literacy and independent living preparation should start by the age of 15–16 years within the CCIs."
- Legal Identity Documents:The Court mandated that: "No care leaver should be allowed to leave care homes/facilities without providing him/her essential documents such as Aadhar and PAN cards."
- Life Skills Training:Institutions must provide structured life skills training covering cooking, budgeting, digital literacy, and time management. Mentorship programs involving older Care Leavers were recommended.
- Housing:Government agencies were directed to provide transitional or semi-independent housing, affordable rental support, and assistance for long-term accommodation. The Court noted: "Such initiatives will not only provide shelters to the Care Leavers but also emotional security and consistency that are crucial after their 'age out' of the Care Homes/Facilities."
- Mental Health Support:The Court called for confidential therapy access, peer support networks, trauma-informed institutional care, and deployment of trained mental health professionals.
- Tax Measures:Recommendations included dedicated income tax exemptions, GST concessions, relief from TDS on scholarships/stipends, and simplified tax compliance mechanisms. It also directed: "Employer incentives should be provided through tax benefits to those hiring Care Leavers."
- Digital Platforms and Data Systems:The Court urged development of centralized digital platforms for Care Leavers to connect with mentors, jobs, and welfare schemes. It also directed maintenance of real-time, consent-based, regularly updated databases of Care Leavers.
- Policy and Legislative Reform:The Court directed strengthening of the Juvenile Justice framework to explicitly recognize Care Leavers as a vulnerable group and required: "Amendment of Model JJ Rules to mandate real-time, consent-based and integrated databases at District, State and National levels."
The Court ordered that a report be summoned from the Under Secretary, Ministry of Child Development and Welfare, Union of India, and the Chief Secretary, Government of Rajasthan. This report must detail the steps already taken and proposed to be taken for the welfare of Care Leavers.
Copies of the order were also directed to be sent to the relevant authorities including (i) Under Secretary, Ministry of Child Development and Welfare, Government of India, New Delhi; (ii) Chief Secretary, Government of Rajasthan, Jaipur; (iii) District Collector, Alwar; and (iv) Secretary, District Legal Services Authority, Alwar for strict compliance.
Lastly, the Office was instructed: "to place this matter before Hon’ble the Chief Justice for its listing before the appropriate Bench."
Case Title: In Re: In the matter of “Grievance of Girls staying at Balika Grah and Care Leavers fighting for their Identity and Rights after leaving Shelter Homes".
Bench: Justice Anoop Kumar Dhand
[Read/Download order]
