Juvenile Justice: Karnataka High Court Asks State To File Financial Proposal For Effective Implementation Of Centre's Vatsalya Scheme For Children

The Karnataka High Court on Thursday sought to know from the State government on whether it had sent a reply to the communication issued to it by the Union Ministry of Woman And Child Development, asking the state government to submit a financial proposal and plan for the year 2022-2023, under the Mission Vatsalya Scheme.

A Division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit on referring to the communication issued on July 5, 2022 by the Ministry, said “It seems that this was a fair opportunity to all states and Union Territories (UT) to submit their plans for effective implementation of the said scheme, Mission Vatsalya scheme. The state government to state before this court on the next date whether any response to this communication was submitted? if submitted when it was submitted? and a copy of the said response be placed before the court.”

Further it said “if the response is not submitted the state government to submit its response to the communication immediately with the detailed plan not later than one week from today.”

Mission Vatsalya Scheme is a roadmap to achieve development and child protection priorities aligned with the Sustainable Development Goals (SDGs). It lays emphasis on child rights, advocacy and awareness along with strengthening of the juvenile justice care and protection system with the motto to 'leave no child behind'. The Juvenile Justice (Care and Protection of Children) Act, 2015 provisions and the Protection of Children from Sexual Offences Act, 2012 form the basic framework for implementation of the Mission. Funds under the Mission Vatsalya Scheme are released according to the requirements and demands made by the States/UTs.

The Scheme is implemented as a Centrally Sponsored Scheme in partnership with State Governments and UT Administrations to support the States and UTs in universalizing access and improving quality of services across the country.

The bench gave the directions while hearing a suo-motu petition seeking implementation of directions issued by the Apex Court in the case of Sampurna Behura and the petition filed by NGO Bachpan Bachao Andolan.

On the previous hearing the bench heard an application filed by the Karnataka State Legal Services Authority, pointing out that though there are relevant provisions in the Act and the Rules to achieve the object of the Act, viz., Juvenile Justice and though time and again various orders being passed by this court, if no timely steps are taken for effective implementation of the provisions of the Act and timely compliance of the orders of this court, the provisions of the Act and the Orders of the Court would remain only on paper, so called a dream.

It was prayed for issuance of a direction to fill up the posts like Chairperson and Members of CWCs and Members of JJC, but then for filling up the posts, the pre-requisite is the constitution of the Selection Committee. The counsel for the applicant submitted that the Selection Committee is not constituted after the year 2017.

In response to this today the bench was informed that Retired Justice P Krishna Bhat has been appointed as the Chairman of the State Level Selection Committee. The government advocate sought for some time to submit the further status report. Accordingly the court granted three weeks time.

Case Title: High Court of Karnataka AND The State Of Karnataka & Others

Case No: WP 10208/2018