New Delhi: The Bombay High Court on Thursday chided the state government of Maharashtra over the latter’s resolution that denies advantages to abandoned children which have been given to the orphan ones.

A bench of Justices GS Patel and Neela Gokhale was hearing a plea and said that the Juvenile Justice Act (JJA) does not distinguish between orphan and abandoned kids.

the Juvenile Justice Act when it said, “We note the definition of orphans, interestingly, also includes children whose legal guardian is incapable of caring for the child. Point to be noted is that act itself does not distinguish between child who is adopted and child who is orphan” the order states,” reported the Bar and Bench.

A charitable trust called NEST India Foundation filed a plea seeking issuance of certificate to a few girls declaring them as abandoned children.

Appearing for the state, Purnima Kantharia informed that there is a government resolution which denies issuance of the certificate to abandoned children. Kantharia pointed out the difference between orphan and abandoned kids.

She mentioned that abandoned kids have someone who takes care of them which is not the case with orphaned. To which, the court asked the government pleader to answer why the government think that the abandoned kids are more advantaged?

It said, “There is no distinction, at least there is no moral distinction. What according to you is the material distinction justifying or taking away the reservation to abandoned child? What is the logic? There is distinction without any difference. It is entirely meaningless, and it defeats the purpose of the Juvenile Justice Act. How an abandoned child, whose parents are alive is not advantaged, to an orphaned child.”

Furthermore, the court reminded the state that it is their responsibility to take care of the abandoned and orphaned children and to ensure their well-being.

Bar and Bench quoted Justice Patel saying, “We expect far less bureaucracy from the state and far more concern from the state. These children are not responsible for their condition, why is the state implicitly saying to the children, ‘your parents abandoned you, too bad!’ Technically, just see, neither of them is a child, what they are asking is a certificate of their tragic past, are we going to deny them that as well?”

A committee set up under the JJA had refused the certificate to the girls considering that the appellants are not kids anymore and their mother comes to visit them. The comiittee asked for a police verification report.

Meanwhile, the report mentioned that their mother’s whereabouts were unknown. The High Court asked the committee to consider the report.

Following this, the court asked the committee to grant the certificate to the girl even though they are adults now.