High Court Hails Assam Govt For Preparing Draft Child Policy, Social Audit Process Covers Requirements Of JJ Act, POCSO And Child Protection Act

The Gauhati High Court has welcomed the move of the Assam Government for formulating draft Child Policy and designing social audit process to cover requirements of three Acts namely Juvenile Justice (Care and Protection) Act, Child Protection Act, and POCSO Act so that there is due compliance of the relevant provisions in the said Child Policy.

The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury was hearing a PIL filed by Bachpan Bachao Andolan during which the Counsel appearing for the petitioners informed the Court that the State Government has made a draft child policy which has not been notified and therefore, it was submitted that the State Government be directed to notify the draft child policy.

The Senior Government Advocate submitted that the petitioners may send their comments on the draft child policy by email for consideration of the appropriate authority and that the steps will be taken for expediting the notification of the child policy.

The Deputy Secretary to Assam Government, Women and Child Development Department submitted that the process of inspection by the Committee formed by this Court of various children homes is under process, and a time period of six months was prayed for taking up all the institutions.

“In this regard, we all of the view that 6(six) months time for inspection would too much as it would lead to expiry of the next financial year also and therefore, we are of the view that the Court appointed Committee may carry out the inspection of various homes by assigning a group of homes to individual members so that the inspection can be expedited. We propose that by the time the matter is called next, we hope and trust that there would be substantial inspection of the condition of the various children homes in the State,” the Court said.

The Court further directed the Government of India to file the additional affidavit to bring on record the nature of facilities created and how they are monitoring that the funds provided by them are properly utilized as it was claimed that it is claiming to be making 90% of the expenses.

The Court was also informed that there is proposed meeting with Anant Asthana, Child Rights lawyer, Geetanjali Ghosh, Assistant Professor, National Law School, Assam, and Laxmi Narayan Nanda, UNICEF Child Protection Specialist for compiling the Juvenile Justice Rules. It was also proposed that the petitioners may also participate by giving their suggestions.

“We welcome this endeavour of the Govt. of Assam. The authorities may inform the learned counsel for the petitioner the propose dates of the meet so as to enable them to participate in the meeting either physically or virtually,” the Court said.

Case Title: Bachpan Bachao Andolan & Anr. v. The State of Assam & 4 Ors.

Case No.: PIL/60/2019