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

2021 =============================================

BACHPAN BACHAO ANDOLAN & ANR.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR PRAGYAN SHARMA, SR. ADVOCATE with MR HARI BRAHMBHATT with MR DHAVAL M BAROT(2723) for the Applicant(s) No. 1,2 MR KAMAL TRIVEDI, ADVOCATE GENERAL with MR. VIJAY B.

VISHEN, AGP for the Opponent(s) 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 PRANAV TRIVEDI Date : 07/02/2025

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. When the matter was taken up today, Mr. Pragyan Sharma, learned advocate appearing for the petitioner has invited attention of the Court to Section 13 of the Commission for Protection of Child Rights Act, 2005, which lays down the functions to be performed by the State Commission for protection of child rights constituted under Sections 17 and 18 of the Protection of Child Rights Act, 2005.

2. Amongst various functions of the Commission, it is required to examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation; inquire into violation of child rights and recommend initiation of proceedings in such cases; examine all factors that inhibit the enjoyment of rights of children affected by various aspects such as terrorism, natural disaster, domestic violence, torture, exploitation, etc. and recommend appropriate remedial measures; look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures; study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights; undertake and promote research in the field of child rights; spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications;

3. It's function is also to inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children under the control of the State Government or any other authority, including any institution run by a social organisation where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;

inquire into complaints and take suo motu notice of matters relating to—

(i) deprivation and violation of child rights;

(ii) non-implementation of laws providing for protection and development of children;

(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; besides such other functions as it may be necessary for the promotion of child rights and any other matter incidental to the above functions.

4. It is clear that the State Commission has been conferred with important functions aimed at effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 (In short as the "JJ Act") and other Child Protection Acts. The main function of the Commission is to monitor implementation of laws and programmes relating to survival, welfare and development of children. Section 23 of the Commissions for Protection of Child Rights Act, 2005 mandates the State Commission to submit an annual report to the State Government and also s