Advocates:
BY COURTS MOTION

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ITEM NO.64 COURT NO.2 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

M.A. NO.2069 OF 2018 IN WP(C) No(s).473/2005

SAMPURNA BEHRUA Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

Date : 08-10-2018 This application was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MADAN B. LOKUR

HON'BLE MR. JUSTICE DEEPAK GUPTA

Ms. Aparna Bhat, Adv. (A.C.)

Mr. Pukhrambam Ramesh Kumar, Adv.

Ms. Joshita M. Pai, Adv.

For Petitioner(s)

By Courts Motion

For Respondent(s)

Ms. Pinky Anand, ASG

Mr. Ajit Kumar Sinha, Sr. Adv.

Mr. S. Wasim A. Qadri, Adv.

Mr. Shalinder Saini, Adv.

Mr. B.V. Balram Das, Adv.

Mr. G.S. Makker, Adv.

Mr. R.R. Rajesh, Adv.

Mr. Vikas Bansal, Adv.

Mr. Raj Bahadur, Adv.

Dr. Arun Kr. Adv.

State

Mr. Ranjit Kumar, Sr. Adv.

Mr. Abhinav Mukerji, Adv.

Ms. Bihu Sharma, Adv.

Ms. Purnima Krishna, Adv.

TISS

Ms. Vrinda Grover, Adv.

Mr. Soutik Banerjee, Adv.

NCPCR

Ms. Anindita Pujari, Adv.

Ms. Kavita Bhardwaj, Adv.

Ms. Aarti Kumar, Adv.

Ms. Harsha Garg, Adv.

AIIMS Patna

Mr. Sudhir Naagar, Adv.

Mr. Binay Kumar Pandey, Adv.

Digitally signed by

SANJAY KUMAR

Date: 2018.10.08

17:39:45 IST

Reason:

Signature Not Verified

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UPON hearing the counsel the Court made the following

O R D E R

Ms. Aastha Saxena Khatwani, Joint Secretary in the

Ministry of Women and Child Development, Government of

India is present in Court today.

We have had the benefit of her assistance in the

matter, particularly, since the issues raised are non-

adversarial.

We have also heard learned amicus curiae and learned

Additional Solicitor General.

It appears that the Ministry of Women and Child

Development is in the process of preparing/developing a

Standard Operating Procedure (SOP) addressing the problem

of destruction in the life of children in the child care

institutions.

Ms. Khatwani says that the development of the SOP may

take some time, but in the meanwhile, an interim advisory

will be issued to all the State Governments/Union

Territories giving the protocol to be followed in

situations where there is some destruction in the life of

children in the child care institutions and even other

children who may have destruction in their life due to

violence, sexual or otherwise.

It is further stated that a study is being conducted

by the National Commission for Protection of Child Rights

(NCPCR) on child care institutions. This study is on the

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conditions of the child care institutions, including all

its facilities, etc. As soon as the study is received,

it will be fully examined by experts appointed by the

Ministry of Women and Child Development so that the

process of providing good living conditions and

facilities to children in the child care institutions is

taken care of. Where it is necessary the child care

institutions that do not meet the basic requirements will

need to be shut down and remedial steps taken with regard

to the children in those child care institutions.

It is finally stated that a Child Protection Policy

is also on the anvil and this may take about two months

or so.

As soon as the first draft is available, it

should be circulated widely and also given to learned

amicus curiae so that suggestions can be invited from all

concerned.

During the course of discussions, we had suggested to

the Joint Secretary to consider the possibility of

setting up or strengthening some national institution for

the benefit of the children. The institution could be in

the nature of a centre of excellence or some

institutional body which can look into various aspects in

the

life

of

disadvantaged

children

including

investigation into offences committed by or against

children, trial procedures, punishment, psycho-social

rehabilitatio