Section 177 Child’s Right Act
Section 177 Child’s Right Act 2003 is about Duty of State Government to provide for the welfare of children looked after by it. It is under Part XV (State Government Support for Children and Families) of the Act.
(1) A State Government looking after a child shall‐
(a) safeguard and promote the welfare of the child; and
(b) make such use of services available for children looked after by their own parent as appears to the State Government reasonable in each case.
(2) In making a decision referred to in subsection (3) of this section, a State Government shall give due consideration‐
(a) having regard to the age and understanding of the child, to such wishes and feeling of the child as it has been able to ascertain;
(b) to such wishes and feelings of any person mentioned in subsection (3) (b) to (d) of this Section as it has been able to ascertain; and
(c) to the religious persuasion, racial origin, ethnic, cultural and linguistic background of the child.
(3) A State Government, before making any decision with respect to a child being looked after or proposed to be looked after by it shall, so far as is reasonably practicable, ascertain the wishes and
feelings of‐
(a) the child;
(b) the parents of the child;
(c) a person who, though not a parent of a child, has parental responsibility for the child; or
(d) any other person whose wishes and feelings the State Government considers to be relevant, regarding the matter to be decided.
(4) If it appears to a State Government that it is necessary, for the purpose of protecting members of the public from serious injury to exercise it powers with respect to a child whom it is looking after in a manner which may not be consistent with its duties under this section, it may do so.
(5) If the Minister considers it necessary, for the purpose of protecting members of the public from serious injury to give directions to an appropriate authority with respect to the exercise of its powers with respect to a child whom it is looking after, he may give such directions to the appropriate authority.
(6) An appropriate authority shall comply with a direction given to it under this section notwithstanding that doing so is inconsistent with its duties under this section.
