1. Welfare of a missing child and the systemic implementation of para-legal volunteer schemes for missing children and other offences against children. (Para 1 , 2 )
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2022 Supreme(SC) 1644
SUPREME COURT OF INDIA
Indira Banerjee, M.M. Sundresh, JJ.
Bachpan Bachao Andolan – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition(s)(Civil) No(s). 427 of 2022
Decided On : 19-09-2022
Important Points
The court emphasized the need for the respective State Legal Services Authorities to frame schemes for appointment of para-legal volunteers in police stations for missing children and other offences against children within three months.
Subject
Civil Law - Family Law
Headnote
Para Legal Volunteers - Missing Children - The court directed the respective State Legal Services Authorities to frame schemes for appointment of para-legal volunteers in police stations for missing children and other offences against children within three months.
Fact of the Case:
The girl in question was found to be happily inter-mingling with other students at school and expressed her interest in becoming a teacher in the future. The court found no further action necessary for the girl.
Finding of the Court:
The court directed the respective State Legal Services Authorities to frame schemes for appointment of para-legal volunteers in police stations for missing children and other offences against children within three months.
Issues: Appointment of para-legal volunteers in police stations for missing children and other offences against children.
Ratio Decidendi: The need for the respective State Legal Services Authorities to frame schemes for appointment of para-legal volunteers in police stations for missing children and other offences against children within three months.
Final Decision: The court directed the respective State Legal Services Authorities to frame schemes for appointment of para-legal volunteers in police stations for missing children and other offences against children within three months.
Legal Category Hierarchy
Advocates appeared:
Mr. H.S. Phoolka, Sr. Advocate, Mr. Jagjit Singh Chhabra, Advocate, Ms. Rachan Tyagi, Advocate, Mr. Saksham Maheshwari, Advocate, Ms. Bindita Chaturvedi, Advocate, For the Appellant / Ms. Aishwarya Bhati, LD. ASG, Ms. Garima Prashad, Sr. Advocate, (AAG, ), Mr. Rohit K. Singh, Advocate, Mr. Pritam Bishwas, Advocate, Mr. Kislay Jha, Advocate, Ms. Ruchi Gupta, Advocate, Mr. Samarth Srivastava, Advocate, Mr. Gaurav Agrawal, Advocate, Ms. Vanshaja Shukla, Advocate, Mr. Debojit Borkakati, Advocate, Mr. Pradeep Misra, Advocate, Mr. Abhimanyu Tewari, Advocate, Ms. Eliza Bar, Advocate, Mr. Pukhrambam Ramesh Kumar, Advocate, Mr. Karun Sharma, Advocate, Ms. Anupam Ngangom, Advocate, Mr. Wahengbam Immanuel Meitei, Advocate, Ms. Aishwarya Bhati, ASG, Ms. Neela Kedar Gokhale, Advocate, Ms. Praveena Gautam, Advocate, Ms. Shagun Thakur, Advocate, Ms. Poornima Singh, Advocate, Mr. Sourav Singh, Advocate, Mr. Arvind Kumar Sharma, Advocate, Mr. Nishe Rajen Shonker, Advocate, Ms. Anu K. Joy, Advocate, Mr. Alim Anvar, Advocate, Mr. S. Udaya Kumar Sagar, Advocate, Ms. Sweena Nair, Advocate, Mr. P. Mohith Rao, Advocate, Mr. Mahfooz Ahsan Nazki, Advocate, Mr. Polanki Gowtham, Advocate, Mr. Shaik Mohamad Haneef, Advocate, Mr. T. Vijaya Bhaskar Reddy, Advocate, Ms. Rajeswari Mukherjee, Advocate, Mr. K.V. Girish Chowdhary, Advocate, Mr. Sameer Abhyankar, Advocate, Ms. Yeshi Rinchhen, Advocate, Ms. Vani Vandana Chhetri, Advocate, Mr. Abhinav Mishra, Advocate, Ms. Nishi Sangtani, Advocate, Dr. Joseph Aristotle S., Advocate, Ms. Deepanwita Priyanka, Advocate, Dr. Manish Singhvi, Senior Advocate, Mr. Arpit Parkash Advocate, Mr. Vikalp Sharma, Advocate, Mr. Sandeep Kumar Jha, Advocate, Mr. Ajay Pal, Advocate, Mr. Abhinav Mukerji, Advocate, Ms. Nupur Sharma, Advocate, Mr. Shobhit Dwivedi, Advocate, Mr. Sanjeev Kumar Mahara, Advocate, Ms. Neela kedar Gokhle, Advocate, Ms. Praveena Gautam, Advocate, Mr. Bhuvan Kapoor, Advocate, Mr. akshay Shrivastava, Advocate, Ms. Bihu Sharma, Advocate, Ms. Pratishtha Vij, Advocate, Mr. Avijit Mani Tripathi, Advocate, Mr. Upendra Mishra, Advocate, Mr. T.K. Nayak, Advocate, Mr. Marbiang Khongwir, Advocate, Mr. Kynpham V. Kharlyngdoh, Advocate, Mr. Siddhesh Kotwal, Advocate, Ms. Ana Upadhyay, Advocate, Ms. Manya Hasija, Advocate, Mr. Akash Singh, Advocate, Mr. Nihar Dharmadhikari, Advocate, Mr. Nirnimesh Dube, Advocate, Ms. K. Enatoli Sema, Advocate, Ms. Limayinla Jamir, Advocate, Mr. Amit Kumar Singh, Advocate, Ms. Chubalemla Chang, Advocate, Mr. Prang Newmai, Advocate, Mr. Shubhranshu Padhi, Advocate, Mr. Vishal Banshal, Advocate, Ms. Rajeshwari Shankar, Advocate, Mr. Niroop Sukrithy, Advocate, Mr. Ovais Mohd., Advocate, Mr. Kumar Anurag Singh, Advocate, Ms. Pallavi Langar, Advocate, Dr. Monika Gusain, Advocate, For the Respondent.
Mr. H.S. Phoolka, Sr. Advocate, Mr. Jagjit Singh Chhabra, Advocate, Ms. Rachan Tyagi, Advocate, Mr. Saksham Maheshwari, Advocate, Ms. Bindita Chaturvedi, Advocate, For the Appellant / Ms. Aishwarya Bhati, LD. ASG, Ms. Garima Prashad, Sr. Advocate, (AAG, ), Mr. Rohit K. Singh, Advocate, Mr. Pritam Bishwas, Advocate, Mr. Kislay Jha, Advocate, Ms. Ruchi Gupta, Advocate, Mr. Samarth Srivastava, Advocate, Mr. Gaurav Agrawal, Advocate, Ms. Vanshaja Shukla, Advocate, Mr. Debojit Borkakati, Advocate, Mr. Pradeep Misra, Advocate, Mr. Abhimanyu Tewari, Advocate, Ms. Eliza Bar, Advocate, Mr. Pukhrambam Ramesh Kumar, Advocate, Mr. Karun Sharma, Advocate, Ms. Anupam Ngangom, Advocate, Mr. Wahengbam Immanuel Meitei, Advocate, Ms. Aishwarya Bhati, ASG, Ms. Neela Kedar Gokhale, Advocate, Ms. Praveena Gautam, Advocate, Ms. Shagun Thakur, Advocate, Ms. Poornima Singh, Advocate, Mr. Sourav Singh, Advocate, Mr. Arvind Kumar Sharma, Advocate, Mr. Nishe Rajen Shonker, Advocate, Ms. Anu K. Joy, Advocate, Mr. Alim Anvar, Advocate, Mr. S. Udaya Kumar Sagar, Advocate, Ms. Sweena Nair, Advocate, Mr. P. Mohith Rao, Advocate, Mr. Mahfooz Ahsan Nazki, Advocate, Mr. Polanki Gowtham, Advocate, Mr. Shaik Mohamad Haneef, Advocate, Mr. T. Vijaya Bhaskar Reddy, Advocate, Ms. Rajeswari Mukherjee, Advocate, Mr. K.V. Girish Chowdhary, Advocate, Mr. Sameer Abhyankar, Advocate, Ms. Yeshi Rinchhen, Advocate, Ms. Vani Vandana Chhetri, Advocate, Mr. Abhinav Mishra, Advocate, Ms. Nishi Sangtani, Advocate, Dr. Joseph Aristotle S., Advocate, Ms. Deepanwita Priyanka, Advocate, Dr. Manish Singhvi, Senior Advocate, Mr. Arpit Parkash Advocate, Mr. Vikalp Sharma, Advocate, Mr. Sandeep Kumar Jha, Advocate, Mr. Ajay Pal, Advocate, Mr. Abhinav Mukerji, Advocate, Ms. Nupur Sharma, Advocate, Mr. Shobhit Dwivedi, Advocate, Mr. Sanjeev Kumar Mahara, Advocate, Ms. Neela kedar Gokhle, Advocate, Ms. Praveena Gautam, Advocate, Mr. Bhuvan Kapoor, Advocate, Mr. akshay Shrivastava, Advocate, Ms. Bihu Sharma, Advocate, Ms. Pratishtha Vij, Advocate, Mr. Avijit Mani Tripathi, Advocate, Mr. Upendra Mishra, Advocate, Mr. T.K. Nayak, Advocate, Mr. Marbiang Khongwir, Advocate, Mr. Kynpham V. Kharlyngdoh, Advocate, Mr. Siddhesh Kotwal, Advocate, Ms. Ana Upadhyay, Advocate, Ms. Manya Hasija, Advocate, Mr. Akash Singh, Advocate, Mr. Nihar Dharmadhikari, Advocate, Mr. Nirnimesh Dube, Advocate, Ms. K. Enatoli Sema, Advocate, Ms. Limayinla Jamir, Advocate, Mr. Amit Kumar Singh, Advocate, Ms. Chubalemla Chang, Advocate, Mr. Prang Newmai, Advocate, Mr. Shubhranshu Padhi, Advocate, Mr. Vishal Banshal, Advocate, Ms. Rajeshwari Shankar, Advocate, Mr. Niroop Sukrithy, Advocate, Mr. Ovais Mohd., Advocate, Mr. Kumar Anurag Singh, Advocate, Ms. Pallavi Langar, Advocate, Dr. Monika Gusain, Advocate, For the Respondent.
Table of Contents
2. Submission that a model scheme for empaneling para-legal volunteers in police stations for missing children has been circulated to all State and Union Territory Legal Services Authorities. (Para 2 )
3. The court found the specific child's situation satisfactory and acknowledged the existence of a model scheme for appointing para-legal volunteers to address child-related offences. (Para 1 , 2 )
4. Legal Services Authorities are mandated to implement systemic support mechanisms, such as para-legal volunteers, to address missing children and offences against children. (Para 3 , 4 )
5. Directed State/UT Legal Services Authorities to frame para-legal volunteer schemes within three months and governments to provide necessary funding. (Para 3 , 4 )
6. What is the directive to State and Union Territory Legal Services Authorities regarding para-legal volunteers for missing children?
They are directed to frame schemes for the appointment of para-legal volunteers in police stations for missing children and other offences against children, using the Delhi model scheme as a guide, within three months. (Para 3 )
7. What is the obligation of governments regarding the funding of para-legal volunteer schemes for children?
State and Union Governments must provide the necessary funds for the implementation of the prepared schemes within three months from the date of implementation. (Para 4 )
ORDER
1. We have perused the report submitted by the Principal District Judge, Khandwa. On going through the report, we find that the girl is being educated at a school, where she is happily inter-mingling with other students, attentive in class, taking interest in pursuing her studies and moving on in life. She told the Lady Magistrate who visited her that she wanted to become a teacher in future. She had no complaints. No further action need be taken so far as the girl is concerned.
2. Learned counsel appearing on behalf of the NALSA submits that the scheme for empanelment of para legal volunteers in Police Stations for missing children, framed by the Delhi State Legal Services Authority has been circulated to all the State Legal Services Authorities and also to the Legal Services Authorities of the Union Territories, as a model, so that appropriate schemes might be framed for appointment of para legal volunteers in police stations in respect of for missing children and other offences against children in the States and Union Territories using the Delhi scheme as a model scheme with appropriate modifications.
3. We direct the respective State Legal Services Authorities/Legal Services Authorities of the Union Territories to frame schemes for appointment of para-legal volunteers in police stations for missing children and other offences against children at the earliest and, in any case, within three months from date.
4. Needless to mention that the respective State Governments/Union Government shall make funds available for implementation of the scheme so prepared at the earliest and within three months from the date of implementation of the schemes.
5. Let this writ petition be listed along with Writ Petition (C) No. 1156 of 2021 which is listed in the Court presided over by Hon'ble the Chief Justice of India.
