Supreme Court has said that in spite of the emphatic directions that have been issued by it on 3rd January, 2013 directing all the States and the Union Territories to implement the protective provisions contained in the Protection of Rights of Children from Sexual Offences Act, 2012, the Right of Children to Free and Compulsory Education Act, 2009 and the Commission for Protection of Child Rights Act, 2005, many States and Union Territories have not complied with the same.
By order dated 7th February, 2013, Supreme Court had issued further directions to all the States and the Union Territories to comply with the obligations under the aforesaid three Acts, with regard to the establishment of protection institutions/implementation institutions, together with necessary Rules and Regulations. The aforesaid order was to be complied with within a period of three months from the date of receipt of the certified copy of the order.
A bench of Justices Surinder Singh Nijjar and Fakkir Mohamed Ibrahim Kalifulla found that although the affidavits have been filed indicating that the State Commissions have been established, yet such establishment is only on paper. “This would be sufficient justification for this Court to take a serious view and initiate appropriate proceedings for contempt of court against the defaulting States and the Union Territories”, the Bench warned the States and UTs
The Bench was hearing suo-motu proceedings in Re. Exploitation of Children in Orphanages in the State of Tamil Nadu Vs. Union of India [WRIT PETITION (CRL.) No.102 of 2007], on the basis of the letter received by the Court in the year 2007. The Court directed that the Chief Secretaries of all the States to which notices have been issued in this matter shall file an affidavit within a period of eight weeks from the date of this order disclosing full details with regard to the implementation of the obligations specified under the three Acts.
The Apex Court also directed that the affidavit shall contain all the relevant information with regard to the following:
It is also directed that in the unlikely event of there being a non-compliance of any part of the directions, an officer of the rank of Principal Secretary of State Government shall remain present in person in the Court to clarify the issues with respect to the failure to implement the directions of the Court. If for any reason, the affidavit, as directed for, is not filed by the Chief Secretary before the next date of hearing, then also, the officer of the rank referred above shall remain present in person to explain the reasons for the State’s failure to submit the affidavit.