Gauhati High Court: The Division Bench of Kalyan Rai Surana and Arun Dev Choudhury, JJ., stated that it hoped that before the next date of hearing, the State Government would do the needful, i.e., (a) notify the Child Protection Policy; (b) the High Court appointed Committee should be able to complete the inspection of all the Child Care Institutions (‘CCIs’) in the State; and (c) notify the rules under the Juvenile Justice (Care and Protection) Act, 2015.
Background
Respondent submitted that in compliance of directions contained in the order dated 10-10-2023, the High Court appointed Committee was already formed. It was further submitted that the High Court Committee by 27-3-2024, 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 was also submitted that pursuant to the directions of the order dated 10-10-2023, the State Child Protection Society had conducted a one-day training programme for social workers of the Juvenile Justice Boards of various districts. The first phase of the training was conducted on 9-11-2023 and the second phase of training for the Chairperson and members of the Child Welfare Committees (‘CWCs’) was conducted on 22-2-2024 and 23-2-2024 for various districts.
Further, it was submitted that regarding the directions contained in the order, it was projected that the views of the Education Department were considered and incorporated in the Draft Rules, wherever they were applicable. The Draft Rules were examined by several persons and three video conferences were held among the core members of the Drafting Committee and a State Level Consultation was held on 20-3-2024 in the presence of various authorities and it was 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 was also submitted that the recommendation would be finalized and the same would be sent to the State Government at the earliest.
Analysis, Law, and Decision
The Court stated that it hoped and trusted that the recommendations and suggestions from Bachpan Bachao Andolan would be forwarded to the State Government for its consideration and the State Government after due consideration, would approve and notify the Child Protection Policy for the State of Assam at the earliest, hopefully before the next date of hearing.
The Court noted that in respect of the order dated 10-10-2023, it was projected that communications were being made with TISS, Gauhati Campus but no response was received from them. The Court thus opined that the inordinate delay in finalization of the agency for conducting social audit did not appear to be in public interest, therefore, the Court grant liberty to the Government to explore alternatives for appointing persons for conducting social audit and hoped that the agencies would be finalized prior to the next date of hearing.
The Court thus stated that it hoped that before the next date of hearing, the State Government would do the needful:
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Notify the Child Protection Policy;
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The High Court appointed Committee should be able to complete the inspection of all the CCIs in the State; and
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Notify the rules under the Juvenile Justice (Care and Protection) Act, 2015.
The matter would next be listed on 24-6-2024.
[Bachpan Bachao Andolan v. State of Assam, 2024 SCC OnLine Gau 372, Order dated 28-3-2024]
Advocates who appeared in this case :
For the Petitioner: PP Sarma, Advocate
For the Respondent: GA, Assam
