Report No. 248

64. Women's and Children's Institutions (Licensing) Act, Act 105 of 1956

Category: Women and Child Development

Recommendation: Repeal with allied amendment of newer legislation

The Act provides for the licensing of institutions for women and children. Institution under the Act are established and maintained for the reception, care, protection and welfare of women and children. The Ministry of Women and Child Development had said in 2012 that the 1956 Act has no value and stood repealed after the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force.

This stand taken by the Ministry was also affirmed by the High Court of Delhi in 2014 in Chhatravas, Chandra Arya Vidya Mandir v. The Director, Department of Women and Child Development and Anr. [MANU/DE/0566/2014]. However, there should be clarity in this respect and the repeal of the 1956 Act should be brought about by amending the existing repeal and savings clause of the 2000 Act (which does not currently mention the 1956 Act).