Don't Delay The Process Of Identification Of Children In Streets, Supreme Court Directs States

On Monday, in a suo moto matter regarding the plight of the Children in Street Situation ("CiSS") across the country, the Supreme Court directed the State Governments and the Union Territories to complete the identification process without any delay. The Apex Court clarified that the State Governments and the Union Territories need not wait for any further direction from National Commission for Protection of Child Rights ("NCPCR") or from the Court to proceed to the subsequent stages set out in the SOP 2.0 developed by the NCPCR, once the Children to be rescued and rehabilitated are identified.On a perusal of the affidavit filed by the NCPCR, the bench comprising Justice L Nageswara Rao and BR Gavai expressed its concern that the number of children identified by the States appeared to be quite low and even the process of identification, which is the first stage of the process of rehabilitation has not yet been completed. Issue of Children in Street Situation At the outset, on the request of the Amicus Curiae, Mr. Gaurav Agarwal, the Bench took up the affidavit filed by NCPCR and enquired about its status. Additional Solicitor General, Mr. Nataraj apprised the Court that some States have sought more time to file their affidavits. Pointing out from NCPCR's affidavit, that the numbers reflected seem to be quite low, the Bench stated - "As we have seen from your affidavit, the numbers that are shown on the basis of the information uploaded on the website appear to be very less,only 3655. We were told there are 70-80 thousand children on streets in Delhi alone. There must be lakhs. The reporting seems to be incomplete. You have given stages at pg. 6. Stage I pertains to identification, which is the most important stage…dWe are still stuck at stage one, with the number being very less…Can you send them (States) a reminder…They should not delay this matter…You are dealing with children. The faster, the better…We saw some scheme, which is placed on record by the Delhi Govt. If the NCPCR can also on the basis of this and other aspects be taken into account, if you can come up with some comprehensive scheme…Amicus, we will list it after vacation.In the meanwhile let's see what the State Governments are doing…"Mr. Agarwal proposed NCPCR can set out uniform guidelines that can be adopted by the States for rescue and rehabilitation of the Children in Street Situation. "What strategies the States will adopt for second and third categories also NCPCR can guide." Advocate Shobha Gupta, appearing on behalf of WWI submitted that a parallel process for adoption can also be initiated - "Qua this particular exercise when your lordships are directing w.r.t. Collection of data of children who are found on streets…The initial data was undertaken with respect to children who were orphans or abandoned or surrendered. This is w.r.t. Children on the street.. With my lord's order there is sufficient information on the portal…If they side by side start doing the further exercise required under the Juvenile Justice Act…Relegating them for the purpose of adoption. Now we have enough data on the portal…We have number of parents waiting in the list who are registered and can give them shelter and home…We can achieve that if parallel exercise is undertaken."The Bench noted, "In their website they have indicated 6 stages and now we are talking about 3,4, and 5. We will ask them to simultaneously take these steps also." A further observation was made by the Bench, that the issue of adoption might not be relevant for the children in street situations - "This can be only in respect of abandoned children and children who are orphans or have no parents. We see that most of the children who are identified or half of them are children on the streets in the daytime and go back in the evenings to their parents. So, this adoption might not be relevant for them. We will have to find a way to remove them from the streets and provide them with facilities…We will have to look at those schemes."Ms. Gupta pointed out that they might be eligible for the category of surrendered children and can avail the benefits of foster care and sponsorship. "The Act refers to 4 categories of children. Orphan, abandoned, surrendered. So, surrendered may be where parents and family are there, but not able to take care. Institutionalisation to the extent of providing foster care..or sponsorship."The Bench noted - "We will go into these details on the next occasion. Let more information come…We will take up this matter in detail, we will list this in the second week of January."Hearing the concerned parties, the Bench dictated the order - "Pursuant to the order passed on 15.11.2021, an affidavit has been filed on behalf of NCPCR bringing it to the notice of this court that the commission conducted meetings with the concerned authorities for implementation of SOP 2.0.. On...

Don't Delay The Process Of Identification Of Children In Streets, Supreme Court Directs States

Sohini Chowdhury

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