Timely compliance with court orders and the State Government's responsibility for child protection

Headnote:
Child Protection Policy - Inspection of Child Care Institutions - Compliance with Court Orders
Fact of the Case:

The court heard various stakeholders and reviewed the progress made in compliance with its previous orders regarding the inspection of Child Care Institutions and the formulation of the Child Protection Policy.
Finding of the Court:

The court reiterated its expectations for the State Government to notify the Child Protection Policy, complete the inspection of all Child Care Institutions, and notify the rules under the Juvenile Justice (Care and Protection) Act. The Union of India was granted time to file their response by way of an affidavit.
Issues: Compliance with court orders, progress on Child Protection Policy and inspection of Child Care Institutions
Ratio Decidendi: The court emphasized the importance of timely compliance with its orders and the need for the State Government to take necessary actions for child protection.
Final Decision: The matter was listed for a future date, and the communication dated 27.03.2024 was made a part of the record.

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.

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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.

7. In respect of the directions contained in para-14 and 15 of the said order, it is projected that the communications are being made with TISS, Gauhati Campus despite but last two communications made on 14.11.2

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