High CourtsDivision Bench(2022) 04 KAR CK 0041

Letzkit Foundation� No.518, �Guru Nivas� 8th Cross, Iii Phase J.P. Nagar Bangalore � 560 078.By Its Managing Trustee vs State Of Karnataka & Others

Karnataka High Court · Decided on 13 April 2022

HON’BLE JUDGES
Ritu Raj Awasthi, CJ · S.R. Krishna Kumar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 10092 Of 2021 (GM-RES-PIL)

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Judgment

9 paragraphs · 304 words

Ritu Raj Awasthi, CJ

1.

This Public Interest Litigation has been filed seeking the following reliefs:-

i) Issue an appropriate writ or order or direction directing the Second Respondent to ensure that the child abandoned by its parents are restored to them so as to protect the rights of the child;

ii) Lay down guidelines to be followed in future under similar circumstances so that the health and interest of the infants are not violated; and

iii) Grant all other consequential relief including cost deemed fit in the circumstances of the case in the interest of justice and equity.

2.

During the pendency of the writ petition, the Court has been pleased to pass several detailed orders pursuant to which, the State Government has framed the draft Karnataka State Juvenile Justice (Care and Protection of Children) Rules, 2022. The Draft Rules have been notified on 09.04.2022 and as per the requirement, the final publication of the Rules would be made soon i.e., after providing 15 days’ time to the general public to file objections/suggestions from its publication in the Official Gazette.

3.

Learned Additional Government Advocate appearing for the respondents, on the basis of instructions, submits that the final publication of the Rules would be made immediately after expiry of the required period. It is also informed by him that the child abandoned by its parents whose case was before the Court has been adopted pursuant to the order of the Civil Court dated 15.11.2021.

4.

In view of the above, we are of the considered view that the cause for which the writ petition was filed in public interest has been redressed. The State Government shall publish the final publication of the Karnataka State Juvenile Justice (Care and Protection of Children) Rules, 2022 without any delay.

5.

The writ petition is disposed of.