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SUPREME COURT OF INDIA
S.S. Nijjar, M. Yusuf Eqbal, JJ.
Exploi. of Chiln. Inj Orph. in St. of T.N. - Appellant
Vs.
Union of India (UOI) and Ors. - Respondents
W.P. (Crl.) No. 102 of 2007
Decided On: 07.02.2013
Children from Sexual Offences Act, 2012 - Section 28 – Commission for protection of child rights – Appointment of Special Public Prosecutor – Institutions are required to be registered – Court therefore direct State of Andhra Pradesh to comply with obligations under aforesaid three Acts with regard to setting up of protection institutions/implementation institutions together with necessary rules and Regulations within a period of three months from date of receipt of a certified copy of this order court therefore direct State of Andhra Pradesh to comply with obligations under aforesaid three Acts with regard to the setting up of protection institutions/implementation institutions, together with necessary rules and Regulations, within a period of three months from date of receipt of a certified copy of this order – Held, All these institutions are required to be registered under various provisions of Juvenile Justice Act, 2000 - Let a status report be submitted by all States indicating as to whether any of such institutions are unregistered - In case of unregistered institutions status report should also indicate as to what protective measures have been taken by State Government or local authority within which such institutions are located to prevent any abuse of inmates of these institutions - This indeed is a very serious concern court therefore direct all States to take utmost care in preparation of status report - States shall also indicate measures which have been taken for implementation of scheme under Right of Children to Free and Compulsory Education Act, 2009 as also the measures which have been taken to eradicate trafficking of children - Under Protection of Children from Sexual Offences Act, 2012 States are required to set up Special Courts - Status report shall also indicate as to what measures have been taken by States for setting up of Special Courts - In case Special Courts have been set up status report shall indicate number of such Special Courts established - In event Special Courts have not been established status report should indicate maximum time limit within which such Courts will be established - Status report shall also indicate capacity of children homes separately for boys and girls and it shall also indicate as to whether standard with regard to nutrition and hygiene are being maintained court are informed that in all States children homes have been set up by State as also by non-Government Organizations – Court are also informed that some individuals have also been permitted to open such homes – Therefore it is necessary that each States conducts a detailed survey with regard to Government/NGO/privately run and controlled children homes and find out as to how many homes/Fit Institution/Observation homes/Shelter homes/Special homes are working in their respective States court are informed that in all States children homes have been set up by State as also by non-Government Organizations – Court are also informed that some individuals have also been permitted to open such homes - Therefore it is necessary that each States conducts a detailed survey with regard to Government/NGO/privately run and controlled children homes and find out as to how many homes/Fit Institution/Observation homes/Shelter homes/Special homes are working in their respective States – Order accordingly
JUDGMENT :
ANDHRA PRADESH:
1. Pursuant to our order dated 3rd January, 2013, the Stale of Andhra Pradesh has filed an affidavit in which it is stated that on 4.12.2012, the State Government have issued orders for constitution of the Commission for protection of child rights. A Selection Committee has also been constituted for making recommendations for selection and appointment of Chairperson and members of the Commission. With regard to the implementation of the Protection of Children from Sexual Offences Act, 2012, it is stated that the State Government is taking steps in consultation with the Chief Justice of the High Court to designate a Court of Sessions to be a Special Court for each district under Section 28(1) to try the offences under the Act, and for appointment of Special Public Prosecutor for implementation of the Protection of Children from Sexual Offences Act, 2012. With regard to the implementation of the Right of Children to Free and Compulsory Education Act, 2009, the constitution of Right to Education Protection Authority (REPA) is under the consideration of the Government of Andhra Pradesh. From the above, it is apparent that so far no tangible progress has been made in the State of Andhra Pradesh for protection and education of children under all the three Acts. We, therefore, direct the State of Andhra Pradesh to comply with the obligations under the aforesaid three Acts with regard to the setting up of protection institutions/implementation institutions, together with necessary rules and Regulations, within a period of three months from the date of receipt of a certified copy of this order.
ARUNACHAL PRADESH:
2. No affidavit has been filed by the State of Arunachal Pradesh. However, Mr. Anil Shrivastav, learned Counsel appearing for the State of Arunachal Pradesh submits, on instructions, that the State of Arunachal Pradesh is in the process of establishing the State Commission. He requests for a further period of six months for establishment of the State Commission. We are not inclined to accept the request made by the learned Counsel. The Government of Arunachal Pradesh is directed to take necessary steps for complying with the mandatory obligations under the aforesaid three Acts, within three months from the date of receipt of a certified copy of this order.
UNION TERRITORY of CHANDIGARH:
3. Union Territory of Chandigarh has filed an affidavit on 11.1.2013. It is stated in the affidavit that the Administrator of the Union Territory of Chandigarh has already approved the constitution of a Commission under the Commission for Protection of Child Rights Act, 2005. However, the Administrative approval from the Ministry of Women & Child Development is necessary before the Commission can be made functional.
4. Mr. Rawat, learned Additional Solicitor General points out to the letter by which the Union Territory of Chandigarh has been informed of the final decision taken by the Union of India. Since no further approval is required from the Union of India, we direct the Union Territory of Chandigarh to establish the Commission for protection of child rights, as directed by this Court on 3rd January, 2013, within a period of three months from the date of receipt of a certified copy of this order.
UNION TERRITORY of PUDUCHERRY:
5. Union Territory of Puducherry has filed an affidavit in which it is stated that the Government of Puducherry has already initiated action to constitute the Commission as mandated under Section 17 of the Commission for Protection of Child Rights Act, 2005 and further necessary action for constitution of Commission can be taken only on the administrative approval being given by the Ministry of Home Affairs, Government of India. We, therefore, direct the Home Ministry, Government of India to consider the proposal submitted by the Union Territory of Puducherry on 20.4.2012 and to grant necessary approval within a period of four weeks from today.
6. The Union Territory of Puducherry is directed to comp
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