Supreme Court of India

SAMPURNA BEHRUA versus UNION OF INDIA & ORS. on 27 November 2018

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ASAMPURNA BEHRUA

v.

UNION OF INDIA & ORS.

(M.A. No. 2069/2018)

Bin

(W. P. (C) No. 473/2005)

NOVEMBER 27, 2018

[MADAN B. LOKUR, S. ABDUL NAZEER ANDDEEPAK GUPTA, JJ.]C

Juvenile Justice (Care and Protection) of Children Act, 2015– Standard Operating Procedure (SOP) for children who are victimsof violence – Report of the Study by the NCPCR – Child ProtectionPolicy – National Institution for benefit of Children – Status Reportwith regard to Child Welfare Committees and Juvenile Justice BoardsD– Study of Reports furnished by the States – Directions for furtherlisting.

CIVIL ORIGINAL JURISDICTION : M.A. No. 2069 of 2018 inWrit Petition (C) No. 473 of 2005.

Under Article 32 of the Constitution of India.E

Ms. Aparna Bhat, (A.C.), Ms. Shivangi Singh, Tipoo Ningombam,Advs.

Sampurna Behrua (By Courts Motion).

Ms. Pinky Anand, ASG, Niraj Gupta, Anshu Gupta, ShailinderFSaini, S. Wasim A. Qadri, B. V. Balram Das, Raj Bahadur Yadav,Ms. Snidha Mehra, Chakitan Vikram Shekhar Papta, R. R. Rajesh, VikasBansal, G. S. Makker, Gopal Singh, Manish Kumar, Sudhir Naagar, BinayKumar Pandey, Ms. Vrinda Grover, Soutik Banerjee, Dr. Anindita Pujari,Ms. Aarti Kumar, Ms. Harsha Garg, Advs. for the appearing parties.

GThe following Order of the Court was passed:

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O R D E R

There are six issues that still require consideration in the presentpetition:

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1. Standard Operating Procedure (SOP) for children who arevictims of violence We have been informed (and it has been recorded in our orderdated 08.10.2018) that the Ministry of Women and Child Developmentis in the process of preparing / developing an SOP addressing the problemof violence, sexual or otherwise. This is with reference to children inChild Care Institutions and even other children who may not necessarilybe in Child Care Institutions.

Today, we are told by the learned ASG that the SOP is not readybut in the meanwhile, an interim advisory has been issued to all the StateGovernments / UTs giving the protocol to be followed.

The learned Amicus says that she would like to look into the advisoryand make her comments because this information has been given todayin the Court.

2. Report of the Study by the NCPCR

It is stated by the learned ASG that an interim report has beensubmitted by the NCPCR. This has been shared with 10 StateGovernments and sharing the report with 12 other States is in the process.It is not clear whether the report is being shared with the remainingState Governments and UTs.

It is pointed out by learned counsel for the NCPCR that some ofthe States have not yet given the information with regard to number ofchild care institutions registered under the Juvenile Justice (Care andProtection) of Children Act, 2015. We expect the State Governments toensure that registration is complete and information is passed with theNCPCR at least for the sake of children who are living in the Statesconcerned. This should be done within two weeks.

3. Child Protection Policy

On 08.10.2018, we were informed that the Child Protection Policyis on the anvil and it will take about two months or so.

Today, it is stated that the first draft will be ready in December,2018.

We reiterate what we have recorded on 08.10.2018 to the effectthat when the first draft is available, it should be circulated widely andalso be given to the learned Amicus so that suggestions can be invitedfrom all concerned.

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A4. National Institution for benefit of Children It is stated by the learned ASG that the matter has been referredto the Department of Expenditure and tentatively the National Institutefor Public Cooperation and Child Development is likely to be the institutionthat will need strengthening in terms of the suggestion made in the orderBdated 08.10.2018.

5. Status Report with regard to Child Welfare Committees andJuvenile Justice Boards

The learned ASG has handed over to us a status report incompliance of the order dated 08.10.2018. We find that the status reportCis incomplete in as much as information in respect of a large number ofStates / UTs is valid till September, 2018.

It is also not clear from the status report whether Child WelfareCommittees are in existence in all the districts of the States for whichinformation is available till November, 2018. She says that she will lookDinto the matter and give the complete status report and also take it upwith the State Governments.

6. Study of Reports furnished by the States It is stated that the State Governments have furnished reports ofthe child care institutions pursuant to the meeting held on 18.09.2018.EThe State Governments have been asked to study the reports and tointimate the follow up action on or before 30.11.2018.

List the matter in the second week of January, 2019.

It is pointed out by learned Amicus that even the Reports thatFwere furnished subsequent to the meeting held on 18.09.2018 areincomplete in some cases. The Ministry of Women and ChildDevelopment should take it up with the States .

Any affidavit or status report proposed to be filed should be handedover to the learned Amicus at least three days in advance.

GAnkit Gyan

Directions for further listing.

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