Supreme Court To Consider Petition Seeking Proper Implementation Of Child Protection Law

The Counsel appearing for the petitioner in MA 431/2017 in WP(C) No. 906/2014 submitted before the court today that the Union Government had brought in a National Action Plan, however, it is not in complete compliance of the orders of the court. The Counsel submitted, "They are not complying with your lordship order. They have made a National Action Plan which is not in complete compliance with your lordships order."

A note was further submitted by the Counsel for the petitioner showing what the state has done through the National Action Plan and what the court had ordered in its judgment dated 14-12-2016. The Counsel further pointed out that the new action plan was silent on the need for separate de-addiction centres for female children and there was no separate approach in the plan for drug addicts, etc.

Justice Joseph then remarked, "So you are showing that there is a violation of court's orders. You are not calling it a violation per se but you are saying it can be done in a better way. Have you filed this note with an affidavit? It is a very serious matter. It concerns all of us. File this note with an affidavit. Put it down in writing."

At this point, the counsel for the petitioner pointed out that , "this court has also recently initiated a suo motu proceedings taking the seriousness of the matter."

The court then ordered, "Noticing that a suo motu action has been taken by this court in another aligned matter which took the attention of this court, put this before the Hon'ble The Chief Justice for further orders."

It is to be pointed out that the PIL in Bachpan Bachao Andolan v. UoI And Ors. filed in WP(C) No. 906/2014 had sought directions to enforce the fundamental rights of children particularly those suffering from and involved in substance use and abuse by formulating and implementing a national action plan for children on the issue of drugs, alcohol and substance abuse amongst children. The Court had ordered as follows:

The Court in its judgment dated 14-12-2016 had directed the Union government as follows: "This is a basic deficiency which the Union government must redress at the earliest. We direct that the Union Government shall expeditiously conclude the national survey on drug abuse within a period of six months from today…We proceed to summarize, our directions to the Union government, as indicated earlier : The Union government shall:-

(i) Complete a national survey and generate a national database within a period of six months;

(ii) Formulate and adopt a comprehensive national plan within four months, which will among other things also address the areas of immediate concern noted earlier; and

(iii) Adopt specific content in the school curriculum under the aegis of NEP."

Case Title: Bachpan Bachao Andolan v. UoI And Ors. MA 431/2017 in WP(C) No. 906/2014 PIL

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