Of the 203 special adoption agencies, only eight deserved positive reviews.

Similarly, only 16% of the 172 observation homes audited till July 31, 2018, had all the required records of the children, like case histories and who are residing there. Again, out of 80 special homes/place of safety only 13% have the complete set of records.

The commission urged the court to direct the States to take positive measures to improve the condition of CCIs. The court said that had the authorities functioned properly, recent incidents like the one in Muzaffarpur in Bihar where several girls were allegedly raped and sexually abused in a shelter home would not have happened.

“It is very clear from this (NCPCR) report that nobody is interested. The court is helpless. If we do something, then it will be said that it is judicial activism,” Justice Lokur remarked orally.

Advocate Aparna Bhat, assisting the court as an amicus curiae in the matter, said directions from the top court was not judicial activism, as the welfare of children living in shelter homes was important. Ms. Bhat said the Secretary of the Ministry of Women and Child Development has written to Chief Secretaries of all States to conduct inspection of CCIs and submit a report by September 15.

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