2010 INSC 0848
                                    SUPREME COURT OF INDIA

                             RE: Exploi. of Chiln. Inj Orph. in ST. of T.N.

                                                      Vs.

                                           Union of India (UOI)

                                        W.P. (Crl) No. 102 of 2007

                               (B. Sudershan Reddy and S. S. Nijjar JJ.)

                                                  01.09.2010

                                                   ORDER

1. Pursuant to this Court's Order dated 31st March, 2010 in the matter of exploitation of
Children in Orphanages in the State of Tamil Nadu, the National Commission for Protection
of Child Rights (N.C.P.C.) has submitted a detailed report. Learned standing counsel for the
State of Assam and Manipur as well as learned ASG appearing for the Union of India seeks
time to file their response to the report submitted by the Commission. Two months time is
granted to file the response. Response from the State of Tamil Nadu, Kerala and Karnataka
shall also be filed within two months from today. But in the meanwhile, it is just and
necessary to direct:

        "a) The Deputy Commissioner of N.C. Hills should ensure that the Schools, Hostels
        and Children Home Complex presently occupied by the armed/ security forces are
        vacated within a month's time and it should be ensured that the school buildings and
        hostels are not allowed to be occupied by the armed or security forces in future for
        whatsoever purpose.

        b) The State of Manipur and Assam are directed to ensure that no child below the age
        of 12 years or those at primary school level are sent outside for pursuing education to
        other States until further orders.

        c) The Ministry of H.R.D., Government of India is directed to submit a list of schools
        and hostels (district-wise),collected from the State Governments/Union of Territories
        Administrations which are currently occupied by the armed/security forces in the
        North Eastern States duly indicating the date from which or duration for which such
        schools and hostels have been occupied by the security forces.

        d) The Ministry of DONER is directed to hold special meetings with North Eastern
        States especially Assam, Arunachal Pradesh, Manipur, Meghalaya and Nagaland to

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        assess their reqauirement in terms of educational infrastructure, such as construction
        of school buildings, hostels and children homes for support by the Ministry."

2. The N.C.P.C.R shall continue to be engaged with the 'source as well as destination' States
for addressing the protection issues concerning children taken from one State to another. It is
directed to hold meetings and apprise the situation/ progress in this matter to this Court.

3. The Union of India and all the State Governments are directed to render necessary
assistance to NCPC.

4. The Ministry of Home Affairs is directed to ensure that the para military forces vacate the
school and hostel buildings occupied by them and submit an Action Taken Report to this
Court as well as NCPC within two months from today. The Ministry shall file a proper
affidavit in this matter on the next date of hearing of this Writ Petition.

5. List this matter for further directions on 15th November, 2010.

6. In the meanwhile, the Registry is directed to supply the copy of the report of the National
Commission for Protection of Child Rights dated 31st March, 2010 to the standing counsel
for the State of Assam, Manipur, Tamil Nadu, Karnataka and Kerala.

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