IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) NO. 149 of 2021 ==========================================================

BACHPAN BACHAO ANDOLAN Versus STATE OF GUJARAT ==========================================================

Appearance:

MR PRAGYAN SHARMA, MR HARI BRAHMBHATT, MS. SURABHI KATYAL WITH MR DHAVAL M BAROT(2723) for the Applicant(s) No. 1,2 for the Opponent(s) No. 3 MR KM ANTANI, ASST.GOVERNMENT PLEADER for Opponent No.1,2,5 NOTICE SERVED for the Opponent(s) No. 4 ==========================================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 18/01/2024 ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The instant petition in the nature of Public Interest Litigation has been filed seeking for a direction to take effective steps towards implementation of the order and direction of the Apex Court in Writ Petition (C) No.473 of 2005 titled as Sampurna Behura vs. Union of India and others; strict and effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘the Juvenile Justice Act, 2015’ in short), the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’, in short) and the Commissions for Protection of Child Rights Act, 2005 (‘the Protection of Child Rights Act, 2005’

in short).

2. It is pointed out by Mr.Dhaval M. Barot, learned advocate appearing for the petitioners that the State Commission for Protection of Child Rights as per the mandate of Section 17 of the Protection of Child Rights Act, 2005 is not in existence for a period of about two years. The Chairman of the Commission had retired in the month of January, 2022. As per Section 17(2)(b), six members qualifying the criteria therein, have to be appointed by the State Government to complete the constitution of the Committee.

3. Mr.K.M.Antani, learned Assistant Government Pleader seeks to submit that some time may be provided to constitute the State Commission as per the mandate of Sections 17 and 18 of the Protection of the Child Rights Act, 2005. Noticing the same, we direct the State Government to take necessary steps to fill up all the vacant posts of the members of the staff, to bring the State Commission in place and make it workable. It is further pointed out that the State Commission for Protection of Child Rights (constituted under Sections 17 and 18 of the Protection of Child Rights Act, 2005) is required to publish annual reports which significantly contribute to the goal of effective monitoring and execution of various laws including the Juvenile Justice Act, 2015 and the POCSO Act, 2012 besides the Protection of Child Rights Act, 2005. As the Commission is not in existence, monitoring for implementation of these statutes cannot be made.

4. The second issue raised by the learned counsel for the petitioners is about the constitution of Child Protection Society for the State and Child Protection Unit for every district. By placing Section 106 of the Juvenile Justice Act, 2015, it is pointed out that the constitution of State Level Child Protection Society and District Level Child Protection Unit is necessary to oversee effective implementation of Juvenile Justice Act, 2015 including establishment and maintenance of Child Care Institutions (CCIs), so as to monitor that the conditions in such institutions are conducive to the well-being of children in all respects including the nutrition, education, medical benefits, skill development and general living conditions. It is pointed out that as per the information received by the petitioners, out of 462 sanctioned posts, currently 107 posts of officers of District Child Protection Units of the State of Gujarat are vacant. The said posts are to be filled up in a time-bound manner. We may also take note of the Rules 84 and 85 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (‘the Model Rules, 2016’