Mumbai: A child cannot be called an orphan at any cost if his biological mother is alive, the Bombay High Court has said while hearing a petition. In this case, the court dismissed the petition of an NGO filed. In fact, in this petition, two minor girls were sought to be declared orphans.
However, the court allowed the NGO to approach a competent authority, which could look into the matter and take an appropriate decision on the plea to declare the girls' orphans. The court has asked this authority to take a decision on this by November 14. A bench of Justices SV Gangapurwala and RN Ladda was hearing a petition filed by the Nest India Foundation, a childcare home. The petition had requested the court to direct the two minor girls to issue certificates declaring them orphans. Advocate Abhinav Chandrachud, appearing for the NGO, said before the court that the mothers of these girls are alive but still they can be declared orphans under the Juvenile Justice Act. "Assume that even if these girls cannot be declared orphans, they can be declared abandoned children.'' These girls have been living in NGOs since the age of 4 to 5 years and their mothers have hardly come to meet them over the years. "If technically these girls cannot be declared orphans, they can be declared abandoned children. The law does not distinguish between abandoned and orphaned because both have the same definition in the Juvenile Justice Act.''
In the same case, Public Advocate Purnima Kantharia opposed it and said that the credibility of the NGO is yet to be ascertained as this NGO is not registered. He said it is an illegally run childcare home. Many times notices have also been issued to NGOs regarding this. These girls cannot be declared orphans as their biological mothers are alive. Thereafter, the bench concurred with advocate Kantharia and said that since the mothers of these girls are alive, they cannot be declared orphans.
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