Institutionalised Children Explorations and Beyond
  • Year: 2016
  • Volume: 3
  • Issue: 1

Orphanages: omphalos for trafficking

Student, Department of Law, Gauhati University, Guwahati, Assam, India. Email id: saifrasulkhan@gmail.com

Online published on 9 March, 2016.

Abstract

A large number of children in India are raised in institutions across states. The sheer poverty in the country forces a large number of children to be placed under such care. There can be a variety of reasons on why children wind up in institutionalised care. Children who hail from divorced families, street children and others are most liable to such care. There is hardly any provision for any governmental care of children and private individuals or groups, in the form of NGOs, run most of the institutionalised care homes. Even though there are many who run such homes for the noble purpose, many do not conform to the purpose of providing care and affection but involve in illegal activities. A large number of such institutions in India are set up in a haphazard manner, and most of such orphanages are set up illegally. This paper will lay emphasis on the care provided by the orphanages in India. It will look at the physical and psychological impact that such institutionalised care has on children. It will also look at some of the main issues surrounding the institutionalised care of children in such orphanages. The paper will focus on trafficking in orphanages and will elucidate the very prominent and much highlighted case of trafficking racket in the state of Kerala that exposes the darker side of such orphanages. The paper will address all the stated issues from a human rights perspective, whereas referring to the Constitution of India and the protection granted under it as well as other Indian laws, including the Indian Penal Code and others, in this respect. The cases of abuse reported in such institutionalised care disrespect the basic human rights granted to every child and disregards international laws and various covenants like the Convention on the Rights of Children. The paper will refer to these international legal provisions and the view of the United Nations with reference to institutionalised children. Finally, there is absolutely no use in merely stressing on various problems without furnishing any solutions. Thus, in the conclusion, the paper will suggest certain steps and measures that is the need of the hour in order to improve the conditions of such children so that they can lead to a much better and wholesome life.

Keywords

Institutionalised care, Orphanages, Trafficking, Legal provisions, Kerala