Recently, there has been an issue of exploitation and death of children in shelter homes. It is quite disturbing that children, deprived of all basic joys of lives, live in shelter homes for a basic livelihood of necessities and yet have to go through exploitation.

After the filing of a petition and subsequent suggestive measures being submitted by a Special Rapporteur regarding such exploitation and deaths of children in shelter homes of Dhenkanal district in Odisha, the National Human Rights Commission (NHRC) directed Odisha’s Chief Secretary to follow the adequate measures. The enquiry report reveals that various actions have been taken against the private illegal school and it has been closed down. Charge sheets have been filed u/s 354-A / 341 / 323/394/506/34 IPC r/w Sec. 10 of POCSO Act and in Case No. 537/2018 u/s 354(A) IPC r/w Sec. 10 POCSO Act.[1]

Articles 23 and 24 of our Constitution provide for Rights against Exploitation wherein protection is guaranteed against human trafficking and other exploitable measures so as to maintain human dignity intact. In the case of M.C. Mehta v. State of Tamil Nadu[2], the Court took Article 39(e) into due consideration which says that the tender age of children must not be abused and they must be given opportunities to develop in a healthy manner.[3]

Apart from just the provisions of the Constitution addressing the evil named exploitation, the Indian Penal Code also addresses the issues of child abuse through provisions mentioning human trafficking and child sexual abuse as criminal offences. In the case of Sakshi v. Union of India[4], the petitioners, while demanding justice for children against sexual abuse, stated the follows:

        “The cases of child abuse and rape are increasing at alarming speed and appropriate legislation in this regard is, therefore, urgently required. We hope and trust that the Parliament will give serious attention to the points highlighted by the petitioner and make appropriate legislation with all the promptness which it deserves.”

The above-mentioned excerpt puts forth a very important aspect of the practical situation in India regarding child abuse and the recent issue of abuse in Dhenkanal, Odisha is another alarming instance which demands for severity in enhancing protection for children in India. Apparently, the shelter homes referred to in this instance were running illegally and this further makes it essential for the authorities to look into the fact that shelter homes meant for the protection of children are at least carried on legally.