Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Tri) 77

IN THE HIGH COURT OF TRIPURA AT AGARTALA
INDRAJIT MAHANTY, S.G. CHATTOPADHYAY, JJ.
Court on its Own Motion – Petitioner
Versus
The State of Tripura – Respondent
W.P. (C) No. 297 of 2018
Decided On : 07-12-2021

Advocates:
Advocate Appeared:
For the Respondents: Mr. D. Bhattachariya, Mr. S. Saha.

Point of Law: Each of the Court premises should have child friendly courts and vulnerable witness courts and in this regard, we direct all the District Judges concerned to ensure that child friendly courts are made operational and also made available for vulnerable witnesses.

Headnote:
Constitution of India, 1950 - Article 226 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Suo-Motu - Writ Petition - Writ Petition has been registered by this Court suo-motu in view of directions passed by Hon’ble Supreme Court of India - State, respondents had been directed to file their compliance reports in terms of directions issued by Hon’ble Supreme Court in judgment referred - Social Worker Members appointed by the State Government on the recommendation of the Selection Committee.
Finding of the Court:
Court also takes into note about further directions issued by Hon’ble Apex Court to effect that each of Court premises should have child friendly courts and vulnerable witness courts and in this regard, we direct all District Judges concerned to ensure that child friendly courts are made operational and also made available for vulnerable witnesses - If any additional amenities are required for such purposes, they shall be called upon to send requisitions and suggestions to Registry of this Court for making necessary funds available.
Result: Writ Petition disposed of.

ORDER :

1. The present writ petition has been registered by this Court suo-motu in view of the directions dated 9th February 2018 passed by the Hon’ble Supreme Court of India in W.P. (Civil) No. 473/2005 in case of Sampurna Behura vs. Union of India and Others. The State-respondents had been directed to file their compliance reports in terms of directions issued by Hon’ble Supreme Court in the judgment referred hereinabove and in particular, Para-95 thereon.

2. This Court had on several occasions dealt with the issue and several affidavits had come to be filed, last of which filed before this Court is dated 27th September 2021. The said affidavit has been sworn in by the Deputy Secretary to the Government of Tripura in the Social Welfare and Social Education Department and the directions issued by the Hon’ble Apex Court and the action taken thereon has been noted in the said affidavit in a fair amount of detail:

S. No.	Directions	Action taken
1.	The Ministry of Women and Child Development in the Government of India and the State Government should ensure that all positions in the NCPCR and the SCPCRs are filled up well in time and adequate staff is provided to these statutory bodies so that they can function effectively and meaningfully for the benefit of the Children.	All positions of the “Tripura Commission for Protection of Child Rights” in short form TCPCR had been filled up (one Chairperson and 6 (six) Members) and adequate staff have already been provided.
		A copy of the Notification Vide No. 87(1-306)-CW/DSWE/2017/2103(9) dated 05.07.2021 is enclosed herewith and marked as Annexure-R/1.
2.	The NCPCR and the SCPCRs should take their duties, functions and responsibilities with great earnestness keeping in mind the faith reposed in them by Parliament. A position in these statutory institutions is not a sinecure. These bodies have a very significant and proactive role to play in improving the lives of children across the country.	Noted for compliance. Copy of the judgment & order dated 09.02.2018 of the Hon’ble Supreme Court of India passed in Writ Petition (Civil) No. 473 of 2005 [Sampurna Behura vs. Union of India and Others] has been sent to the Tripura Commission for Protection of Child Rights for earnest compliance and complying the directions being followed.
3.	The State level Child Protection Societies and the District level Child Protection Units have an enormous responsibility in ensuring that the J.J. Act is effectively implemented and Child Care Institutions are managed and maintained in a manner that is conducive to the wellbeing of children in all respects including nutrition, education, medical benefits, skill development and general living conditions. These two bodies would be well advised to take the assistance of NGOs and civil society to ensure that the J.J. Act serves the purpose for which it is enacted by Parliament.	Noted for compliance. The orders of the Hon’ble Supreme Court of India have been communicated to TCPCR and DCPUs for compliance.
		The State Level Child Protection Society (SCPS), Tripura and District Child Protection Units (DCPUs) in all 8 districts are functioning effectively.
		Child Care Institutions (CCIs) are managed and maintained following the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 and Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
		All housed children are provided nutrition, education, medical benefits, and skill development Members from NGO and Civil Society incorporated in the State Child Protection Society and District Child Protection Units.
4.	The State Governments must ensure that all positions in the JJBs and CWCs are filled up expeditio