Bombay HC Takes Suo Moto Cognisance Of Transfer Of Female Inmates Out Of Observation Homes After Attaining Majority, Says Education Can't Be Affected

The Bombay High Court bench at Aurangabad recently took suo moto cognisance of the issue relating to 'transferring' girl inmates from observation homes in the city to other districts after they attain majority.A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh noted that though the Child Welfare Committee (CWC) is the concerned authority to decide whether a child is in need of care and protection, however, the education of such girls on attaining majority cannot be affected by transferring them to other districts. "We are aware about the fact that the education facility is made available in observation homes but then if the education is to be given, which is in fact a right of every citizen even to get education after attaining majority, then whether shifting of the girl from the place where she grew till the 18 years of age, is in the interest of girl, is required to be considered. The mental process that such girl undergoes is also required to be considered and prima facie we observe that such girl, being a citizen, it would then be the responsibility of the State Government to make such a facility available," the bench expressed in the order passed on June 25. The judges took cognisance of an article published in a Marathi daily, which highlighted the fact that the observation home in Aurangabad, which houses 300 girls, who are either orphans, of poor family backgrounds, children of prisoners etc. It was further stated that once these girls attain the age of 18-years, they are then shifted to cities like Mumbai and Nashik, which makes them 'orphan' again."The newspaper gives an interview of a girl, who has recently attained majority and process of sending her to the other district has been started. She has completed her education of 12th standard in a good college in the city and she wants to be an engineer. There would be such more girls in this city as well as in other districts also and therefore, we are taking suo moto cognizance of this problem on the basis of this newspaper clipping," the bench said. The bench therefore, appointed advocate Satyajeet Bora, as an Amicus Curiae and ordered him to prepare a detailed petition by taking basic data from various departments as well as from the CWC. The said petition, the bench said, must be filed on or before July, 11 2025."We also direct various Government departments, like the Women and Child Development Department, CWC etc. to make the data available for the amicus curiae. The Registrar (Judicial) of this court to register this suo moto Public Interest Litigation on the basis of this order," the bench said. Appearance:Advocate Satyajeet Bora has been appointed as Amicus Curiae.Additional Public Prosecutor AR Kale represented the State. Case Title: The Registrar (Judicial) High Court, Bench at Aurangabad vs State of Maharashtra [SMPIL (Stamp) 18916 of 2025]Click Here To Read/Download Order

Bombay HC Takes Suo Moto Cognisance Of Transfer Of Female Inmates Out Of Observation Homes After Attaining Majority, Says Education Can't Be Affected

Narsi Benwal

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