ORDER : Dr. S.Vimala, J. These habeas corpus petitions have been filed for a direction to the respondents to produce the minor children of the respective petitioners before this Court. 1.1. This Court, vide order dated 16.07.2018 ordered interim custody of the respective child to the petitioner in the respective habeas corpus petition, however, on the next date of hearing, an overall consideration of the issue, appointed Mr.Bharatha Chakravarthy, Addl. Public Prosecutor (Pondicherry) and Mr.S.Gunasekaran, Addl. District Judge, Fast Track Court, Vellore, as Amicus Curiae, to assist the Court with regard to the further course of action to be taken in the matter in order to avoid recurrence of happenings, as had happened in the case on hand. 2. The background of the case, in a nutshell, could be stated hereunder, which led the Court, to appoint amicus curiae to submit their suggestions. In respect of some children, who were in need of protection and care and staying in Rainbow Life Children’s Home at Tiruvannamalai, the present petitions were filed on the complaint that the children, who were supposed to be in the said Home were shifted to the Government Shelter Home, Tiruvannamalai and for further direction to produce them and set them at liberty to accompany their parents. On an enquiry by the Court, it came to light that the said Home, a voluntary Non-Governmental Organisation, was ordered to be closed down on complaint of malnutrition, sexual abuse, etc. In the above backdrop, since the safety and security of the children in the abovesaid Home takes paramount importance, this Court , in view of the nature of issue involved, thought it fit enough to appoint Mr.Bharatha Chakravarthy, Addl. Public Prosecutor (Pondy) and Mr.S.Gunasekaran, Addl. District Judge, Fast Track Court, Vellore, as Amicus Curiae to assist the Court as to the steps that needs to be taken in the matter so as to avoid recurrence of problems of above nature in the child welfare homes in future. 3. In consonance with the directions issued by this Court, the learned Amicus have submitted separate report. District Judge, Fast Track Court, Vellore, as Amicus Curiae to assist the Court as to the steps that needs to be taken in the matter so as to avoid recurrence of problems of above nature in the child welfare homes in future. 3. In consonance with the directions issued by this Court, the learned Amicus have submitted separate report. This Court perused the individual reports submitted by the Amicus Curiae relating to the various issues that concern the children homes and have also suggested various measures, which could be taken up so that the prophetic words of the Hon’ble Supreme Court that a child is a national asset and it is the duty of the State to look after the children and to ensure full development of their personality is understood and adhered in letter and spirit. (See : Sheela Barse (II) & Ors. Vs Union of India ( 1986 (3) SCC 632 ). 4. A careful perusal of the report submitted by the Amicus reveals the following problems existing in the Children’s Homes :- (i) Sexual Abuse; (ii) Habits & Substance Abuse ; (iii) Character & Mental Health ; (iv) Nutritional Lapse; (v) Health & Communicable Diseases; 5. It is clear from the above that both male as well as female children are thrown into different types of sexual abuse; children at the Homes pick up unhealthy activities like smoking, drinking, usage of drugs, etc.; the pressure of staying inside the homes make the children to turn violent, leading to involvement of them in immoral acts; the nutritional value of food within the said homes is far below, leading to malnutrition; cleanliness is below the required limit, which leads to communicable diseases. Over and above these, it is seen that the society looks at these children in a different angle, which leads the children in the homes to cultivate wrong relationships leading to getting their career spoilt. 6. On the basis of the directions issued by the Supreme Court in Sheela Barse’s case (supra) and R.K.Upadhyaya case (W.P. (Civil) No.559 of 1994), the protection that was extended by the Hon’ble Supreme Court by issue of various directions have now become a statutory protection by the enactment of the Juvenile Justice (Care & Protection) Act. 7. 6. On the basis of the directions issued by the Supreme Court in Sheela Barse’s case (supra) and R.K.Upadhyaya case (W.P. (Civil) No.559 of 1994), the protection that was extended by the Hon’ble Supreme Court by issue of various directions have now become a statutory protection by the enactment of the Juvenile Justice (Care & Protection) Act. 7. However, inspite of the above enactment, sexual offences against children in India have reached epidemic proportion, which has resulted in the enactment of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’ Act). A data study issued by the Asian Centre for Human Rights brings to light incidents, along with case history of sexual abuse. The statistics published therein even staggers the most stable minds. It is to be mentioned that child rape cases are on the increase day by day and that the statistics published is only a tip of the ice berg as a large majority of the cases of child rape are not reported to the police and the children regularly become victims of other forms of sexual assault too. 8. Between 2005 and 2011, statistics reveal that in Karnataka alone, 1089 children below 14 years were missing from 34 children’s homes. The story is even more horrific in other states of West Bengal and Madhya Pradesh. From each state, several of the young children have run away from the homes where they were supposed to be protected, never to be traced again. What kind of torture led them away? Where are these children? The answer to these questions remain unresolved. 9. Is this the plight that beckons the children of the State of Tamil Nadu is a question that looms large in the mind of this Court. It is but necessary for this Court to address the issue from the grass root level, lest the nation’s greatest assets would be lost forever in the sand dunes of evil minded persons. 10. A report by the Asian Centre for Human Rights highlights the sexual abuse in juvenile justice homes. It is but necessary for this Court to address the issue from the grass root level, lest the nation’s greatest assets would be lost forever in the sand dunes of evil minded persons. 10. A report by the Asian Centre for Human Rights highlights the sexual abuse in juvenile justice homes. Therein it is stated that it is not an understatement to state that juvenile justice homes, established to provide care and protection as well as re-integration, rehabilitation and restoration of the juveniles in conflict with law and children in need of care and protection, have become India’s hell holds where inmates are subjected to sexual assault and exploitation, torture and ill-treatment apart from being forced to live in inhuman conditions. The girl children remain the most vulnerable. The pathetic state of affairs is not only in the Government run juvenile justice homes, but equally and more so in the homes run by private entities, viz., NGOs. 11. The reasons for the failure of the Homes, as correlated by the various materials placed before this Court by the Amicus, to adhere to the statutory mandate falls in four critical areas, viz., (i) Non-Functional Inspection Committees, (ii) Non-registration of juvenile justice homes, (iii) Child Welfare Committees and (iv) non-separation of inmates on the basis of the nature of the offences, sex and age. 12. It is further seen from the report that Homes are run under the same umbrella in three facets. (i) Homes; (ii) Paid Hostel (named as Boarding School); (iii) Tribes Welfare Hostel. 13. A case studies put forth by the amicus reveals that different types of treatment is meted out to the inmates in the above Homes, who are under the three different categories. While much comfort is provided under the paid hostel category, even the basic hygiene and infrastructure is lacking in the Homes for the poor children. Inspite of sufficient grants, fees is being collected even from children who are in shelter home. 14. It is further noticed that State Level Committee has been constituted vide G.O. Ms. No.84 dated 13.12.2017 as mandated u/s 54 of the Juvenile Justice (Care & Protection) Act. The State Level Committee is vested with power to conduct inspection, but a perusal of the statistics, as provided by the amicus, reveal that no inspection report has been submitted relating to inspection conducted. 15. No.84 dated 13.12.2017 as mandated u/s 54 of the Juvenile Justice (Care & Protection) Act. The State Level Committee is vested with power to conduct inspection, but a perusal of the statistics, as provided by the amicus, reveal that no inspection report has been submitted relating to inspection conducted. 15. In the above prevailing actual status of the Homes in different parts of the State, though the Supreme Court had time and again stressed the need for providing children with all the necessities and niceties of life, however, the said directions seem to be only on paper and not enforced in letter and spirit. Only in that scenario, this Court has taken up the task on itself to issue the following additional guidelines, which the State shall adhere to, earnestly so that the children of today can be groomed to become the future leaders of our Nation :- The mix up between the two types of homes, i.e., between the Children in Need of Care & Protection and Children in Conflict with Law has to be avoided. A separate campus for the different groups of children needs to be maintained, as the two groups of children need to be managed in different pattern to bring out the good in them. Gender based homes to be maintained so that wrong utilisation of the children can be curbed. The gender based homes should be manned by persons of the same gender 24 X7. CCTV cameras should be fixed in all the Homes and the footage recorded to be uploaded in a Central Server, maintained by the Social Welfare Department, which is to be monitored on day-to-day basis concerning the activities of the Homes. Such CCTV cameras should be installed after due approval from the appropriate authority, to be nominated in each and every District, who shall accord permission and be responsible for due monitoring of the activities in the Homes by the team under his charge. Monitoring Committees, constituted, should include persons, apart from the Home in-charge, who are trained in different spheres, as their outlook on life would be helpful in moulding the children to attain their goals. Each child should be monitored individually by the Monitoring Committee and a check list should be maintained so that the well being of the child is documented so as to realize the objective for which the Homes are formed. Each child should be monitored individually by the Monitoring Committee and a check list should be maintained so that the well being of the child is documented so as to realize the objective for which the Homes are formed. Good attitude and values need to be inculcated in the child by the members of the Monitoring Committee, as the grooming of the child in the early part of their childhood would go a long way in uplifting the children in adulthood. From the report of the amicus, it is evident that inspection has not been conducted by the State Level Committee. In such a scenario, the intent and purpose of constitution of State Level Committee pales into insignificance. Therefore, it is high time that the Government consider nominating an authority to monitor the State Level Committee, such as monitoring by the State Legal Services Authority. Similarly, the District Committees can be monitored by the District Legal Services Authorities. Display Board relating to the details of the Child Welfare Committee Members and the details of the monitoring committee, which oversees the State/District Level Committees should be displayed along with contact number and helpline numbers for information and attention of the public. The Inspection Committees should be directed to inspect the Homes and file their report before the State Level/District Level Committees every fortnight. Though the concept of suggestion box has been in vogue since inception, however, due to ignorance, the same has not been utilised. The inmates of the Homes should be educated on the aspect and importance of the suggestion box by creating awareness. The children in the Homes should be imparted with various skills, both vocational training and education so that they go out of the Homes as complete individuals to face the outside world. Extra care has to be taken to impart gender equality among the children in the Homes. Health and hygiene are important for the well being of the inmates in the homes. The environment should be neat and clean and facilities for sports, cultural activities, etc., should be provided so that the physical and mental well being of the inmates are nurtured. Funding in this regard can be generated through the scheme of Corporate Social Responsibility by roping in major companies to come to the aid of these children. The environment should be neat and clean and facilities for sports, cultural activities, etc., should be provided so that the physical and mental well being of the inmates are nurtured. Funding in this regard can be generated through the scheme of Corporate Social Responsibility by roping in major companies to come to the aid of these children. The Integrated Child Protection Scheme (for short ‘ICPS’) has been implemented by the Indian Government to secure the safety of the children including care and protection from being exposed to vulnerable conditions. The scheme should be taken to the nook and corner of the State so that the fruits of the said scheme can be utilised for the betterment of the child welfare homes. Effective monitoring of the child welfare homes requires a neutral committee comprising of individuals from the social sector, women’s right organisation and other important persons in the locality. The Government shall take all steps for constitution of such committees in the near future so that the monitoring is real. Shelter homes need an internal grievance redressal system that ensures the residents voices are heard. Government shall take all steps to create a grievance redressal mechanism in all the shelter homes, so that the responsibilities of all the stakeholders in the coordinated effort becomes fruitful. Quality shelter homes are the need of the hour and not quantity shelter homes. Health care providers should be roped in to maintain the mental and physical health of the inmates by providing specialized medical services. Regular campaigns should be conducted in and around the shelter homes against domestic violence, sexual harassment and assault, trafficking, witch hunting, sexual violence, drug abuse, etc. Necessary guidelines shall be issued to ensure that the Inspection Committees or Child Welfare Committees or any other authorities, during their inspection, to provide an atmosphere where the inmates could voice out their opinion about the status of the homes and the situations prevailing therein to the inspecting team without fear of retribution or punishment by the staff. To achieve the above, the Government may consider appointing gender specific persons as Probation Officer, who would be vested with power to visit the homes and interact with the inmates to gather their grievances and submit periodical reports to the Monitoring authorities. To achieve the above, the Government may consider appointing gender specific persons as Probation Officer, who would be vested with power to visit the homes and interact with the inmates to gather their grievances and submit periodical reports to the Monitoring authorities. The State Government shall conduct a survey of the unregistered homes and register cases against the authorities of the said unregistered juvenile justice homes for violation of Section 23 of the Juvenile Justice (Care & Protection) Act. 16. The proactive sensitivity for addressing the myriad problems relating to children, not in a mechanical and bureaucratic manner, but with a sense of mission to give relief to the children in distress is the need of the hour. The Government shall take all earnest efforts to see that the provisions of the Juvenile Justice (Care & Protection) Act is implemented in letter and spirit without any deviations, so that the laudable objectives as enunciated by the said Act are achieved. 17. We hope and trust that the suggestions and directions issued above do not go in vain and it is implemented in letter and spirit by the State, through its instrumentalities, so that the State can boast itself of grooming better citizens for the future. 18. The suggestions given above are brief samples from the report submitted by the amicus. However, the in-depth analysis would be an added aid for the Government to go about the task of revamping the system. Therefore, it would be just and equitable, if the Government, takes up the task of constituting a high level probe committee, which could go into each and every aspect of the matter, relating to the shelter homes, with particular reference to the inmates and the necessities of the inmates, and come out with an action plan so that the plan would be a model for all the States insofar as it relates to safety and security of its future generations. 19. Accordingly, the habeas corpus petitions are closed with the aforesaid observations and directions. The custody of the minor children, with the respective petitioner, as has been ordered by this court vide order dated 16.07.2018, is confirmed and the custody shall be with the respective petitioner. 19. Accordingly, the habeas corpus petitions are closed with the aforesaid observations and directions. The custody of the minor children, with the respective petitioner, as has been ordered by this court vide order dated 16.07.2018, is confirmed and the custody shall be with the respective petitioner. Considering the irregularities that have been committed by the Home, it is open to the 5th respondent to take appropriate action against the Home, including cancellation of the registration granted to the Home/derecognize the Home after affording due opportunity of hearing to the Home concerned. 20. We place on record our appreciation to (1) Mr. D.Bharatha Chakravarthy, Addl. Public Prosecutor (Pondy); and (2) Mr.S.Gunasekaran, Addl. District Judge, Fast Track Court, Vellore who have taken earnest efforts, within a short span of time, to give an erudite report, incorporating the suggestions and views, which has crystallised into directions at the hands of this Court to be implemented in letter and spirit for the safety and security of our cherished children.