Gauhati High Court Expresses Displeasure Over State's Delay In Notifying Juvenile Justice Rules & Child Protection Policy

The Gauhati High Court on Friday issued directions to the Assam Government to suggest the names of officials from Department of Women and Child Development as members of a proposed Court appointed Committee to visit various children observation and special homes in the State and report if there is proper implementation of various child protection and children right laws so as to ensure that the various directions contained in the case of Sampurna Behrua v. Union of India (2018) are complied with.

The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further directed that the State shall also provide names of some of the representatives of the NGOs working in this field, out of which the Court shall be appointing 3 persons in the Committee.

“We also request the learned counsel for the petitioner as well as the standing counsel of this Court to suggest names for appointing persons in the Court appointed committee, out of which 1-2 persons shall be appointed as members of the proposed committee,” the bench noted.

The bench also recorded its displeasure for the delay in notifying the Juvenile Justice Rules and Child Protection Policy by the State.

The Court directed the Chief Secretary, Government of Assam to take steps so that various department and agencies, who are required to be consulted before notifying the Juvenile Justice Rules and Child Protection Policy to do the needful, if required by calling for a joint meeting and/or to otherwise monitor that the suggestion and comments of the other concerned Government Departments are obtained within 4 weeks.

“The State is put to notice that in the event the suggestions and comments from the other departments are not received within the time frame, the Court would be compelled to implead those departments in this litigation so as to ensure that the directions contained in the case of Sampurna Behura (supra) is complied with within the time frame,” the Court said.

The Court further directed the Union of India to file an affidavit on the following issues:

(1) the policy in force through which they are funding these homes and other child protection activities;

(2) the details of fund which they have already disbursed; and

(3) compliance report, if any, collected to ensure that the fund provided have been properly spent.

The matter is listed again on October 10.

Case Title: Bachpan Bachao Andolan & Anr. v. The State of Assam & 4 Ors.

Case no.: PIL/60/2019

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