The court emphasizes the State's duty to protect children's rights and the inadequacies in the implementation of child protection laws.

                                                                                                                                          ORDER

01.10.2024

 REPORTABLE

 By the Court:

1. Protecting children’s right is not just a legal obligation, its a moral imperative that directly impacts the future of our society. In India, millions of children face challenges that threaten their safety, well-being and development. The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment.

2. The Fundamental Rights incorporated in Part-III of the Constitution of India, Directive Principles of State Policy in Part IV and Fundamental duties in Part IV-A, plays significant role in affirming child rights. Article 15 of the Constitution of India authorizes the State to make special provisions for children and Article 21 provides them right to protection of life and personal liberty.

3. The Directive Principles ensures care for children. Article 39 lays down that the State shall formulate its policy in a way that it provides protection to children of tender age from getting abused. The State must ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that their childhood and youth are protected against exploitation and against moral and maternal abandonment.

4. The 21st century has heralded a number of important policies and legislative initiatives as well as significant Court interventions and same important bills are also pending before the Parliament of India. Some major strides witnessed in past years, include landmark laws, Protection of Children against Sexual Offences (POCSO) Juvenile Justice (Care and Protection of Children) Act 2015 (for short, "the JJ Act, 2015") among others. JJ Act is an act to strengthen the law relating to children who are in need of care and protection by meeting their basic needs through adequate care and protection, development, treatment along with the social reintegration by adopting and implementing a child-friendly approach in the finest interest of children and their rehabilitation. A Child Welfare Committee (CWC) is an autonomous institution formed under the JJ Act, 2015 to handle and resolve the issues related to children who are either orphan, lost and abandoned, and who are in need of care and protection, treatment, development and rehabilitation. The JJ Act, 2015 also includes the provisions for supply of necessary requirement for fulfillment of their basis needs and protection, such children are taken care of by the CWC. A child in need of care and protection will be placed in a Children’s Home for treatment, education, training, development and rehabilitation.

A nerve shocking, heartbreaking and society rocking news was published in the Rajasthan Patrika, a daily Hindi Newspaper, in its Jaipur Edition dated 25th September, 2024, Wednesday, has published the following report:-

The cutting of the newspaper is annexed as Annexure-I.

Poor implementation of laws and schemes is creating such situations in the State that a widow lady, residing at footpath in a tent, having four minor children, including two daughters, submitted an application before the Child Welfare Committee indicating therein that her children are residing in a tent on the roadside and she is afraid of any unwarranted and untoward incident may happen at any time with her daughters. Therefore, she requires the Government to place these children in a safe place for stay. This application was submitted by her a month back but till date no protection has been provided to these children. The concerned official of CWC shows ignorance about this issue.

5. The Ministry of Women and Child Development (MWCD) launched its flagship scheme named “Mission Vatsalya” in 2022 for child protection scheme in India. Mission Vatsalya is a centrally sponsored scheme, wherein financial support is provided to the State Government