The Bombay High Court has clarified that children’s homes should not be treated as free lodging and boarding or a hostel free of charge, but only deserving children who are in need of protection and care, as per law be admitted. A division bench of Justice R M Borde and Justice A M Dhavale, rejected a petition filed by Balvikas Sanstachalak va Karmachari Sanghatana, challenging a circular issued by the Commissioner of Women and Child Development in 2016, claiming it to be violative of fundamental rights of children and other provisions of the Juvenile Justice Act. Following the circular of June 1, 2016, the Child Welfare committee, in Parbhani had directed that only orphan children be allowed to remain in children’s home. Those children who have one or two parents, should be sent back. It was claimed that after the circular, the count of children in homes, had dropped from 69,000 to 19,000. Moreover, the circular was issued because it was found that parent/parents were misusing the law by keeping the children in home’s even when they could afford to take care. The Sanghatana though referred to provisions of the Juvenile Justice Act, which defines a child in need of care and protection, even if he is having parent/parents, guardian, but is being exploited or under other circumstances. During the pendency of the petition a subsequent circular was issued by the Commissioner, Women and Child Development, clarifying that all children falling under definition of child in need and protection as per section 2 (14), of JJ act, should be admitted. The court accordingly, refused to quash the June, 2016 circular.