2015 Supreme(SC) 1320
SUPREME COURT OF INDIA
Madan B. Lokur, Uday Umesh Lalit, JJ.
Exploitation of Children in Orphanages in the State of Tamil Nadu – Petitioner
Versus
Union of India & Ors. – Respondents
Writ Petition(s) (Criminal) No(s). 102 of 2007
Decided On : 28-08-2015
Active participation and meaningful discussion among all participants to finalize formats, and compliance with court orders for effective implementation of child protection laws.
Headnote:
Ministry of Women and Child Development - Compliance with Court Orders - The court emphasized the need for meaningful discussion and finalization of formats through a meeting with all participants, and directed the filing of necessary affidavits regarding financial packages and effective implementation of child protection laws.
Fact of the Case:
The Ministry of Women and Child Development filed an affidavit in compliance with the court's order, providing updates on meetings and discussions related to social audits and Individual Child Care Plan formats.
Finding of the Court:
The court emphasized the importance of meaningful discussion and finalization of formats through a meeting with all participants, and directed the filing of necessary affidavits regarding financial packages and effective implementation of child protection laws.
Issues: Compliance with court orders, meaningful discussion and finalization of formats, filing of necessary affidavits regarding financial packages, effective implementation of child protection laws
Ratio Decidendi: The court stressed the need for active participation and meaningful discussion among all participants to finalize formats, and directed the filing of necessary affidavits to ensure compliance with court orders and effective implementation of child protection laws.
Final Decision: The matter was listed for further hearing on 30th October, 2015.
ORDER
An affidavit has been filed by the Ministry of Women and Child Development in compliance of our order dated 31st July, 2015.
2. It is stated in the affidavit that a meeting was held on 14th August, 2015 in which, amongst others, formats relating to social audits and formats relating to Individual Child Care Plan were discussed. The participants were requested to give their suggestions on or before 31st August, 2015.
3. In our opinion, after the suggestions are received, it would be advisable if a similar meeting of all these participants is held again in the month of September, 2015 so that the formats are finalized after discussion. Obviously, this will necessitate the suggestions being circulated to all the participants well in advance so that the meeting can result in a meaningful discussion and the formats finalized in the meeting.
4. Learned Additional Solicitor General assures us that the meeting will be held within the month of September, 2015 with all the participants that were present in the meeting held on 14th August, 2015 and that the suggestions received will be circulated well in advance.
5. It has also been brought to the notice of the learned Additional Solicitor General that the information sought in the earlier orders passed by this Court from time to time with regard to the financial packages under the Integrated Child Protection Scheme (ICPS) has not been filed on affidavit and information required to be furnished from time to time has yet not been furnished in a format which can easily be understood. Learned Additional Solicitor General assures us that he will look into the earlier orders in this regard and file an affidavit positively within four weeks.
6. It has also been brought to the notice of the learned Additional Solicitor General that though some of the recommendations contained in the Report of the Working Group on Child Rights for the 12th Five Year Plan have been accepted but a lot is required to be done for their effective implementation. For example, the Protection of Children from Sexual Offences Act, 2012 has been brought into force on 14th November, 2012, but has not been fully implemented. Similarly, the vacancies in the National Commission for Protection of Child Rights have not yet been finalized despite an assurance given on an earlier occasion. Also, on some of the issues on ICPS such as a concurrent social audit, no meaningful steps have been taken to have concurrent social audits.
7. Learned Additional Solicitor General says that he will look into all these issues and will file the necessary affidavit wherever required and come back with information which is required.
8. List the matter on 30th October, 2015.