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2022 Supreme(SC) 1422

SUPREME COURT OF INDIA
L. Nageswara Rao, B.R. Gavai, JJ.
In Re : Children In Street Situations – Appellant
Swm (C) No(s). 6 of 2021
Decided On : 25-04-2022

Advocates appeared:
By Courts Motion, Mr. Gaurav Agrawal, Advocate, (A.C.), for the parties, Mr. K.M. Nataraj, ASG, Ms. Swarupama chaturvedi, Advocate, Ms. Indira Bhakar, Advocate, Ms. Saumya Kapoor, Advocate, Ms. Himanshi Goel, Advocate, for the NCPCR, Mr. Aishwarya Bhati, ASG, Mr. B.V. Balram Das, Advocate, Mr. G.S. Makker, Advocate, Mr. S.K.Singhania, Advocate, Mr. Varun Chugh, Advocate, Mr. Bhuvan Kapoor, Advocate, Mr. G.S., Advocate, Mr. Amrish Kumar, Advocate, Mr. Raj Bahadur, Advocate, for the Union of India, Mr. S.C. Verma, Sr. AG, Mr. Sumeer Sodhi Advocate, Mr. Arjun Nanda, Advocate, Mr. Gaurav Arora, Advocate, for the Chhattisgarh, Mr. Apoorv Kurup, Advocate, Ms. Nidhi Mittal, Advocate, for the H.C.of Chhattisgarh, Mr. Suhaan Mukerji, Advocate, Mr. Vishaal Prasad, Advocate, Mr. Nikhil Parikshith, Advocate, Mr. Abhishek Manchanda, Advocate, Mr. Sayandeep Pahari, Advocate, PLR Chambers & Co., State of W.B., Mr. Siddhesh Kotwal, Advocate, Ms. Ana Upadhyay, Advocate, Ms. Manya Hasija, Advocate, Mr. Akash Singh, Advocate, Ms. Preeti Singh, Advocate, Mr. Nirnimesh Dube, Advocate, for the State of Mizoram, Ms. Bansuri Swaraj, AAG, Dr. Monika Gusain, Advocate, for the State of Haryana, Mr. G.M. Kawoosa, Advocate, Ms. Taruna Ardhendhumauli Prasad, Advocate, for the U.T. of J&K, Mr. V. N. Raghupathy, Advocate, for the State of Karnataka, Ms. Diksha Rai, Advocate, Ms. Ragini Pandey, Advocate, Mr. Ankit Agarwal, Advocate, Mr. Raghvendra Kumar, Advocate, Mr. Anand Kr. Dubey, Advocate, Mr. Nishant Verma, Advocate, Mr. Rajiv Kumar, Advocate, Mr. Simanta Kumar, Advocate, Ms. Rajlakshmi Singh, Advocate, Mr. Sunil Saraogi, Advocate, Mr. Narendra Kumar, Advocate, for the State of Assam, Mr. Mahfooz A. Nazki, Advocate, Mr. Polanki Gowtham, Advocate, Mr. Shaik Mohamad Haneef, Advocate, Mr. T. Vijaya Bharkar Reddy, Advocate, Mr. K.V. Girish Chowdary, Advocate, Ms. Rajeshwari Mukherjee, Advocate, for the State of A.P., Ms. G. Indira, Advocate, for the U.T. of Andaman & Nicobar Islands, Mr. Manish Kumar, Advocate, for the State of Bihar, Mr. Himanshu Tyagi, Adocate, for the State of H.P., Mr. Abhimanyu Tewari, Advocate, Ms. Eliza Bar, Advocate, Mr. Pai Amit, Advocate, for the State of Arunachal; Pradesh, Mr. Pukhrambam Ramesh Kumar, Advocate, Mr. Karun Sharma, Advocate, Ms. Anupama Ngangom, Advocate, Mr. Krishna Shree Devee, Advocate, Mr. Saurabh Choudhary, Advocate, Mr. Mahesh Thakur, Advocate, Mr. V.G. Pragasam, Advocate, for the State of Manipur, Mr. Aravindh S., Advocate, Ms. C. Rubavathi, Advocate, Ms. Mukti Chowdhary, Advocate, Dr. Abhishek Atrey, Advocate, for the UT of Puducherry, Mr. Nishe Rajen Shonker, Advocate, Ms. Anu K. Joy, Advocate, Mr. Alim Anvar, Advocate, Mr. G. Prakash, Advocate, for the State of Kerala, Dr. Anindita Pujari, Advocate, for the State of Odisha, Mr. Shuvodeep Roy, Advocate, Mr. Ishaan Borthakur, Advocate, for the State of Tripura, Ms. Deepanwita Priyanka, Advocate, for the State of Gujarat, Mr. Avijit Mani Tripathi, Advocate, Mr. Upendra Mishra, Advocate, Mr. T.K. Nayak, Advocate, Mr. K.V. Kharlyngdoh, Advocate, Mr. Daniel Lyngdoh, Advocate, for the State of Meghalaya, Mr. Anmol Rattan Sidhu, AG, Mr. R.K. Rathore, Advocate, Ms. Jaspreet Gogia, Advocate, for the State of Punjab, Dr. Manish Singhvi, Sr. Advocate, Mr. Arpit Parkash, Advocate, Mr. Sandeep Kumar Jha, Advocate, for the State of Rajasthan, Ms. Garima Prashad, Sr. Advocate, /AAG, Mr. Rohit K. Singh, Advocate, Mr. Pritam Biswas, Advocate, Mr. Akshay Chowdhary, Advocate, Mr. Parth Yadav, Advocate, for the State of U.P., Mr. S. Udaya Kumar Sagar, Advocate, Ms. Sweena Nair, Advocate, Mr. P. Mohith Rao, Advocate, for the State of Telangana, Mr. V. Krishnamurthy, Sr. Advocate, /AAG, Dr. Joseph Aristotle S., Advocate, Ms. Nupur sharma, Advocate, Mr. Shobhit Dwivedi, Advocate, Mr. Sanjeev Kumar Mahara, Advocate, Ms. Jessica Bhardwaj, Advocate, Mr. M.Yogesh Kanna, Advocate, for the State of T.N., Ms. K. Enatoli Sema, Advocate, Mr. Amit Kumar Singh, Advocate, Ms. Chubalemla Chang, Advocate, for the State of Nagaland, Mr. Chirag M. Shroff, Advocate, Mr. Amandeep Mehta, Advocate, for the NCT Delhi, Mr. Sachin Patil Advocate, Mr. Rahul Chitnis, Advocate, Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, Ms. Shwetal Shepal, Advocate, for the State of Mah., Ms. Pragya Baghel, Advocate, Ms. Pallavi Langar, Advocate, for the State of Jharkhand, Mr. Saurabh Trivedi, Advocate, Mr. Tanmay Agarwal, Advocate, Ms. Rachana Srivastava, Advocate, for the State of Uttarakhand, Mr. Saurabh Mishra, AAG, Mr. Pashupati Nath Razdan, Advocate, Mr. Rajesh Singh, Advocate, Ms. Sneh Bairwa, Advocate, Mr. Rajesh K. Singh, Advocate, Mr. Pashupathi Nath Razdan, Advocate, for the State of M.P., Mr. Abhimanyu Tewari, Advocate, for the Guwahati, P&H H.C., Mr. Ankit Goel, Advocate, Ms. Shobha Gupta, Advocate, Mr. Nishant Bahuguna, Advocate, for the U.T. of Chandigarh, Mr. Romy Chacko, Advocate, Ms. Astha Sharma, Advocate, Ms. Uttara Babbar, Advocate, M/S. Knc, Advocate, Mr. Ajay Pal, Advocate, Mr. Gopal Singh, Advocate, M/s. Manoj Swarup and Co., Advocate, Mr. B. V. Balaram Das, Advocate, Mrs. Swarupama Chaturvedi, Advocate, Mr. Sanjay Kumar Visen, Advocate, Mr. Sibo Sankar Mishra, Advocate, Ms. Srishti Agnihotri, Advocate, Mr. Nishanth Patil, Advocate, Mr. Harish Pandey, Advocate, Ms. Sanskriti Pathak, Advocate, for the I.A.106490/2021 R 3-4, Mr. Salman Khurshid, sr. Advocate, Ms. Mohini Priya, Advocate, Mr. Ashish Kumar, Advocate, Ms Asifa Rashid Mir, Advocate, Ms. Sakshi Kotiyal, Advocate, Mr. Gurmeet Singh Makker, Advocate, Ms. Mrinal Elker Mazumdar, Advocate, Ms. Indira Bhakar Advocate, Mr. Shiyas KR., Advocate, Ms. Amiy Shukla, Advocate, Mr. R.M. Patnaik, Advocate, Ms. Meenakshi S. Kamble, Advocate, Mr. Hitesh Kumar Sharma, Advocate, Mr. Akhileshwar Jha, Advocate, Mr. Subhash S. Kadam, Advocate, Mr. Naresh Kumar, Advocate, Mr. Kunal Chatterji, Advocate, Ms. Maitrayee Banerjee, Advocate, Mr. Rohit Bansal, Advocate, Ms. Shristi Agnihotri, Advocate, For the Appellant.

The court emphasized the need for effective measures and policies to rescue and rehabilitate Children in Street Situations (CiSS), and directed the implementation of NCPCR guidelines and state schemes.

Headnote:
State Governments/Union Territories - Rehabilitation of Children in Street Situations (CiSS) - Bal Swaraj - CiSS web portal - NCPCR guidelines
Fact of the Case:

The court directed State Governments/Union Territories to formulate a policy for the rehabilitation of Children in Street Situations (CiSS) with the guidance of the NCPCR. Some states sought modifications in the guidelines issued by the NCPCR, while others formulated their schemes for rescuing and rehabilitating CiSS.
Finding of the Court:

The court found deficient and haphazard measures taken by State Governments/Union Territories for rescuing and rehabilitating CiSS. It directed the implementation of NCPCR guidelines and schemes formulated by states, and required status reports to be filed within two weeks.
Issues: Deficient measures for rescuing and rehabilitating CiSS, modifications sought by some states, formulation and implementation of schemes, compliance with NCPCR guidelines, and the need for state policies.
Ratio Decidendi: The court emphasized the need for effective measures to rescue and rehabilitate CiSS, directed the implementation of NCPCR guidelines and state schemes, and required the filing of status reports. It also highlighted the importance of formulating state policies for CiSS rehabilitation.
Final Decision: The court directed all State Governments/Union Territories to implement the NCPCR guidelines, state schemes, and take suitable steps for rescuing and rehabilitating CiSS. It required the filing of status reports and set a future hearing date for the matter.

ORDER

1. In view of the deficient and haphazard measures taken by different State Governments/Union Territories for rescuing Children in Street Situations (CiSS) and rehabilitating them, a direction was given to the State Governments/Union Territories, by an order dated 17.01.2022, to formulate a policy for the rehabilitation of CiSS, with the guidance of the NCPCR. On 21.02.2022, State Governments/Union Territories were directed to implement suggestions made by the NCPCR for formulating policy for rescuing and rehabilitating CiSS, subject to certain modifications that may be made. In case, the State Governments/Union Territories needed a deviation from the suggestions made by the NCPCR, they were permitted to approach the NCPCR.

2. We are informed that the State of Chhattisgarh had sought some modifications in the guidelines issued by the NCPCR. The NCPCR has already examined the modifications made by the State of Chhattisgarh. We are also informed that the States of Tamil Nadu and Delhi have formulated their schemes for rescuing and rehabilitating CiSS. The State Governments of Tamil Nadu and Delhi are directed to communicate a copy of their final schemes to the NCPCR. The State Governments of Tamil Nadu and Delhi are further directed to implement the schemes that are formulated by them and take immediate steps for identifying and rehabilitating CiSS.

3. As it is clear that the other State Governments/Union Territories have not raised any objection nor have they sought any modification of the suggestions that were made by the NCPCR, we direct all the State Governments/Union Territories to implement the guidelines that were circulated by the NCPCR, by way of their compliance affidavit dated 17.02.2022, and take suitable steps for rescuing and rehabilitating CiSS, apart from the other stages suggested by the NCPCR, which are clear from the Bal Swaraj - CiSS web portal.

4. The said direction for complying with the suggestions made by the NCPCR shall be in place till the State Governments/Union Territories come up with policies of their own.

5. Status reports shall be filed by the State Governments/Union Territories within a period of two weeks from today.

6. List this matter along with IA No.53637/2022 on 09.05.2022 at the end of the Board.

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Judicial Analysis

2022 Supreme(SC) 1422

SUPREME COURT OF INDIAL. Nageswara Rao, B.R. Gavai, JJ.In Re : Children In Street Situations – AppellantSwm (C) No(s). 6 of 2021Decided On : 25-04-2022

The court emphasized the need for effective measures and policies to rescue and rehabilitate Children in Street Situations (CiSS), and directed the implementation of NCPCR guidelines and state schemes.

Judicial Analysis

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SUPREME COURT OF INDIA
L. Nageswara Rao, B.R. Gavai, JJ.
In Re : Children In Street Situations – Appellant
Swm (C) No(s). 6 of 2021
Decided On : 25-04-2022