MP HC stays CWC's order to shift children from orphanage without valid reason

The Madhya Pradesh High Court has stayed an order issued by the state-run Child Welfare Committee (CWC) in Sagar to shift three out of 44 children from Saint Francis Orphanage to some other place without any reason amid the chilly weather and COVID-19 pandemic.

The court has sought a report on the issue from the CWC of Sagar district within two weeks, and has served three weeks returnable notices to the state government, the Women and Child Welfare Department among others.

While hearing a petition challenging the shifting of children from the orphanage, Justice Nandita Dubey on Thursday said, "I deem it proper to direct the authorities not to shift the children right now". "'There is nothing on record as to under what circumstances and what provision the children are being shifted from the orphanage to some other place,'' the court order read.

The order of shifting the children dated December 29 has been stayed, Justice Dubey said. The high court further ordered the CWC of Sagar district to submit a report on why the children were being shifted in the cold weather and at the time when the COVID-19 cases were on the rise.

''They are also to submit in their report what was the condition of the orphanage where the children are staying presently and what is the condition or availability of space where they are trying to shift all these 44 children,'' the court order stated.

Father Sintoo Virghese, the secretary of Saint Francis Orphanage in Sagar, filed a petition challenging the CWC's order to shift three children out of 44 from the orphanage without any reason.

The petitioner's counsel Amit Mishra claimed that the CWC through the police was trying to remove not only the three children mentioned in the order, but the remaining 41 as well.