"It is not as if West Bengal did not have COVID:" Supreme Court says figure of 27 kids orphaned in WB due to COVID since March 2020 unrealistic

The Supreme Court on Tuesday took an unfavourable view of the claim by the West Bengal government that only 27 children have been orphaned in the State due to the death of either or both their parents from COVID-19..A Bench of Justices L Nageswara Rao and Aniruddha Bose was hearing a suo motu case regarding the spread of COVID-19 in child care institutions and the measures being taken to ensure that welfare of children is not compromised. The top court was informed on Tuesday by the Amicus Curiae Gaurav Agarwal that a total of 6,855 children all over India were orphaned after the onset of COVID pandemic post March 2020. With regard to State of West Bengal, the figures said 27 which appeared to the Court to be unrealistic. "It is not that your State did not have Covid. Look at other figures. We do not believe the figures," said Justice Rao. The Court, therefore, asked Director of Child Rights and Trafficking to be present for the next hearing and explain the figures furnished by the State..When a lawyer appearing on behalf West Bengal government submitted that it was an ongoing process and the figure was correct, Justice Rao cautioned him not to make "such irresponsible statements in court." "This is not a political matter. This is a collaborative approach. As of now, we are only asking for affidavit on correct stats but if your stand continues then we may have to order any other agency to look into it," said the Bench. .The Court eventually directed the following:"District Magistrates in State of West Bengal are directed to collect necessary information about children who have become orphans due to death of either parents or both after March 2020 and upload at the earliest." The Secretary of Department of Women and Child Welfare West Bengal was directed to file an affidavit showing the particulars of the steps taken to comply with the above direction..During the hearing, Additional Solicitor General KM Nataraj appearing for National Commission for Protection of Child Rights, stated that the information uploaded on the Baal Swaraj portal by all States is incomplete as there is a registration of 75,000 children on the portal but information up to stage 5 is only for 1,126 children. .The Court, therefore, ordered that identification of children who have lost both parents or one parent after March 2020 without any further delay. "District Magistrates are directed to issue necessary directions to District Child Protection officers to take assistance police, civil society organisations, Gram Panchayat and ASHA network for identification of orphans. This is in addition to the mecahnism already in place. DMs are directed to upload the data on Baal Swaraj portal as and when received," ordered the Court. The top court further directed Child Welfare Committees to complete their enquires within the time limit specified by the law."All States and Union Territories are directed to file status report giving particular of number of children who have become orphans or lost one parent after March 2020," the order said..The two-judge bench also directed States to ensure that orphaned kids are permitted to continue in the same school for this academic year irrespective of whether it is a private or government school. "In case there's difficulty, they may be accommodated in the neighbouring school under the RTE Act. States shall also furnish details about children who have been accommodated in government and private schools. Let this matter be taken up next on August 26," the Court ordered.The top court also asked Additional Solicitor General Aishwarya Bhati appearing for the Central government, on whether any central scheme would be applicable to kids who have lost either or both parents to COVID-19 after March,2020 pandemic since the present PM cares scheme looks at only those children who have lost both parents to COVID. The Court clarified that it was not looking at expanding the scope of PM Cares scheme but was seeking details of the other available schemes. ASG Bhati has assured court that instructions will be sought on this point.