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2024 Supreme(Online)(GAU) 5825

HIGH COURT OF GAUHATI
MR. JUSTICE KALYAN RAI SURANA, MR. JUSTICE ARUN DEV CHOUDHURY, JJ
X-X-X – Appellant
Versus
IN RE THE GOVT OF ASSAM AND 3 ORS – Respondent
PIL(Suo Moto) / 1 / 2018



Advocates:
MR. P P SARMA, GA, ASSAM, MR. H K DAS( SC GHC)

The court emphasized the urgency for the State Government to notify the Child Protection Policy and ensure timely inspections of Child Care Institutions as mandated by the Juvenile Justice Act.

Headnote:(A) Juvenile Justice (Care and Protection of Children) Act, 2015 - The court addressed the need for the State Government to approve and notify the Child Protection Policy for Assam and emphasized the importance of timely inspections of Child Care Institutions (CCIs) as per the Model Rules, 2016. (Paras 3, 6, 9)

(B) Compliance and Accountability - The court reiterated its expectation for the State Government to act on recommendations from stakeholders and to ensure the finalization of the social audit agency, indicating the court's commitment to the welfare of children in CCIs. (Paras 8, 9)

Facts of the case:
The court reviewed the progress made in implementing its prior orders regarding the inspection of CCIs and the development of a Child Protection Policy, noting the involvement of various stakeholders and the ongoing training of social workers.

Findings of Court:
The court expressed hope that the State Government would expedite the notification of the Child Protection Policy and complete the inspections of all CCIs before the next hearing.

Issues: The main issues included the timely approval of the Child Protection Policy and the completion of inspections of CCIs.

Ratio Decidendi: The court emphasized the necessity for the State Government to act in the public interest regarding child protection policies and the importance of stakeholder recommendations in shaping effective governance.

Result: The matter is to be listed again on 24.06.2024.

ORDER

28.03.2024 (KR Surana, J) Heard Mr. PP Sarma, learned counsel for the Bachpan Bachao Andolan, writ petitioner herein through video conferencing along with Mr. N. Choudhury, learned counsel. Also heard Mr. D. Nath, learned Senior Govt. advocate appearing for the State. Mr. NK Sarma, learned counsel appearing on behalf of Mr. HK Das, learned standing counsel for the Court. Also heard Mr. RKD Choudhury, learned DSGI for the Union of India. Also heard Dr. Preety Lekha Deka, ACS, Deputy Secretary to the Govt. of Assam, Women and Child Development Department who has appeared along with Mr. Ashok Sarma, Programme Manager (CP), ASCPS, Assam, Dr. Shyamal Prasad Saikia, Chairperson, Assam State Commission for Protection of Child Rights, Mr. Pranab Jyoti Goswami, SSP CID (Rep. Home Deptt.) and Mr. Maharshi Goswami, Technical Consultant, Assam State Commission for Protection of Child Rights.

Page No.# 4/6 2. Pursuant to order dated 08.02.2024, the learned Senior Govt. Advocate has produced a communication dated 27.03.2024, received from the Deputy Secretary to the Govt. of Assam, Women and Child Development Department thereby forwarding the response in respect of the order dated 10.10.2023 of this Court in PIL 60/2019.

3. Referring to the directions contained in para-2 of the order dated 10.10.2023, it is submitted that on the last occasion only 8 CCIs were inspected but as on 27.03.2024 the High Court Committee had made 58 visits covering the CCIs of Kamrup (Metro), Kamrup, Darrang, Baksa, Sonitpur, Nagaon, Morigaon, Cachar, Hailakandi, Karimganj, Nalbari, Barpeta and Udalguri districts and inspections were carried out keeping in view the Form no.46 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. It is submitted that the reports are under compilation and will be presented before the Court on the next date. The prayer for the same is allowed.

4. It is submitted that in compliance of directions contained in para-4 of the said order dated 10.10.2023, the High Court appointed Committee has already been formed. Pursuant to directions contained in para-5 of the said order, it is submitted that the State Child Protection Society had conducted a one day training programme of social workers of the Juvenile Justice Boards of various districts as mentioned therein. The 1st phase of training was conducted on 09.11.2023 and the 2nd phase of training for the Chairperson and members of the Child Welfare Committees was conducted on 22nd and 23rd February, 2024 for various districts mentioned therein.

Page No.# 5/6

5. With regard to the directions contained in para-7 of the order, it is projected that the views of the Education Department has been considered and wherever applicable incorporated in the Draft Rules. The Draft Rules were examined by several persons named therein and three video conferences were held among the core members of the Drafting Committee and a State Level Consultation was held on 20.03.2024 in the presence of various authorities whose names are mentioned therein and it is projected that the recommendation from all the participating delegates including suggestions from the Bachpan Bachao Andolan were noted by the Committee and some of the recommendations were accepted for being incorporating in the Draft and it is also projected that the recommendation would be finalized and the same will be sent to the State Government at the earliest.

6. We hope and trust that the recommendations and suggestions from Bachpan Bachao Andolan shall be forwarded to the State Govt. for its consideration. We also hope and trust that the State Govt., after due consideration, will approve and notify the Child Protection Policy for the State of Assam at the earliest, hopefully before the next date of listing

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