Gujarat High Court Directs State Govt To Frame Child Protection Policy, Seeks Social Audit Report By June 30

The Gujarat High Court recently directed the State government to frame a Child Protection Policy and further directed the State Commission for Protection of Child Rights to conduct Social Audit, prepare and submit an annual report and special reports by June 30. The court was hearing a PIL filed to ensure compliances of the directions contained in Supreme Court's 09.02.2018 judgment in Sampurna Behura v/s. Union of India and Others. The PIL seeks effective implementation of Juvenile Justice (Care and Protection of Children) Act, 2015 and the Commissions for Protection of Child Rights (CPCR) Act, 2005 pertaining to establishment and working of Child Care Institutions and fulfilling requirements under POCSO Act by these institutions in the State.A division bench of Chief Justice Sunita Agarwal and Justice DN Ray was informed that framing of Gujarat State Child Protection Policy as per Rule (3) (5) of POCSO Rules 2020, is a major step to be taken by the State Government to adopt the principle of "Zero Tolerance Violence against the children". This, shall then have to be adopted by all institutions, organisations, or any other agency working with or coming in contact with children. The court in its order said:"In absence of the Child Protection Policy, it is practically impossible for the State Government to ensure that the contact of the child care institutions with children is safe and protected in the State. The conducting of the Social Audit as mandated by the Apex Court in Writ Petition (Criminal) No. 102 of 2007 reported in [(2017) 7 SCC Page 594], is the duty of the State Commission, in addition to the mandate of Section 23 of the CPCR, 2005 to submit annual report to the State Government, to ensure transparency and accountability in the Child Care Institutions.All these processes are necessarily to be completed with in a time bound manner, inasmuch as, no such action has been taken by the State Government and the Commission so far. Taking note of the above, we provide that the above noted three aspects, namely framing of Child Protection Policy by the State Government; Social Audit and preparation and submission of annual report and special reports by the State Commission shall be completed on or before 30th June, 2026". On the issue pertaining to non-adherence of various provisions of the J.J.Act, 2015 and Rules by the Child Welfare Committees, District Child Protection Units and the inadequate infrastructure and standards in Child Care Institutions in different districts the court asked Gujarat State Legal Service Authority's Member Secretary to ask for reports from Secretaries of DLSAs signed by the chairperson of the respective DLSA. With respect to details of Child Welfare Police Officers not being displayed in the police stations leading to accessibility gaps being faced by the victim and their families in 12 Districts, the court asked GSLSA to also submit a report. "Taking note of the fact that most of the issues are relating to non-compliance of the statutory requirements by the Child Welfare Committees constituted under the J.J.Act, 2015 we find that as per Section 27(1)) of the J.J.Act, the District Magistrate is the Grievance Redressal Authority to entertain any grievance arising out of the functioning of the Committee; and further that on any complaint received by the District Magistrate, he is empowered to take cognizance of the action of the Committee and pass orders," the court said.It further said that Child Welfare Committee is required to submit a report to the District Magistrate and the District Magistrate is mandated to conduct a quarterly review of the functioning of the Committee as provided in sub-section(8) of Section 27."Thus, in his supervisory role, the District Magistrates of the concerned Districts are answerable to this Court on the issues raised, as aforesaid," the court said.It said that Chairmen of the respective DSLSA, who are responsible for implementing NALSA (Child Friendly Legal Services to Children and their Protection and Security), 2015 are required to conduct a meeting with the District Magistrates in the presence of the Secretary, DLSA and any other concerned officer to take stock of the position on the ground.The court said that compliance reports by various authorities in three weeks; further Member Secretary, GSLSA has been asked to peruse the reports and submit the same with her own comments. The court further said that State Commission for Protection of Child Rights under Section 13 read with Section 24 of the CPCR Act, 2005 is mandated to monitor the enforcement of the Child Rights Laws and protective measures. "Section 109 of the J.J.Act, 2015 read with Rule 100 of the Gujarat Juvenile Justice Model Rules, 2019 mandates the State Commission to monitor implementation of the Act. Similar are the provisions under Section 44 of POCSO Act read with Rule 12 of POCSO Rules, 2020 framed thereunder," it noted.The court directed the...

Gujarat High Court Directs State Govt To Frame Child Protection Policy, Seeks Social Audit Report By June 30

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