State Govt. to explore alternatives for appointing persons to conduct social audit and notify the Child Protection Policy and Rules under the JJ Act: Gauhati High Court
Case Title: Bachpan Bachao Andolan and Sampurna Behura Vs The State of Assam & Ors
Case no.: PIL/60/2019
Order on: March 28th, 2024
Quoram: Justice Kalyan Rai Surana and Justice Arun Dev Choudhury
Facts of the case
The Court while hearing a PIL filed by Bachpan Bachao Andolan and Sampurna Behura for the implementation of directions laid down by the Supreme Court in the case of Sampurna Behura v. Union of India & Ors., examined all the actions taken by the Government in accordance with the directions issued under the order dated 10.10.2023.
Court’s Analysis and Order
The Court observed that the learned Senior Govt. Advocate pursuant to the order dated 08.02.2024 had produced a communication received from the Deputy Secretary to the Govt. of Assam, Women and Child Development Department. Further, the High Court Committee had made 58 visits covering various CCIs and carried out inspections in accordance with the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. Hence, the Court allowed the prayer to present compiled reports of it on the next hearing. The State Child Protection Society had conducted a one day training programme for the social workers of the Juvenile Justice Boards of various districts as mentioned in the order.
The Court pondering on the developments in the Draft Rules noted that along with incorporating the views of the Education Department the recommendation from all the participating delegates including suggestions from the Bachpan Bachao Andolan were inculcated by the Committee and as projected the same would be finalized and the same will be sent to the State Government at the earliest. The Court anticipated that the State Govt would subsequently with due consideration, approve and notify the Child Protection Policy for the State of Assam before the next date. Further, considering the inordinate delay in finalization of the agency for conducting social audit, the Bench granted liberty to the Govt. to explore alternatives for appointing persons for conducting social audit.
The Court, reiterating the followings expectations from the State Government (1) notifying the Child Protection Policy; (2) the High Court appointed Committee shall be able to complete the inspection of all the Child Care Institutions in the State; (3) the rules under the Juvenile Justice (Care and Protection) Act and granted them time to file the response by way of an affidavit in terms of order dated 08.02.2024 and listed the matter on 24th June.
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Judgement Reviewed by – Keerthi K