Gauhati High Court Sets February 2025 Deadline For State To Notify Draft Rules & Child Protection Policy
The Gauhati High Court recently directed the Assam Government to inform it by February 25, 2025, about the status of the issuance of notification for the Draft Rules and Child Protection Policy; filling of the vacancies, and the status of social audit and tentative time of completion of the said audit.
The division bench comprising Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further observed that he Court will take up the issues of infrastructure relating to the Juvenile Justice Boards functioning as well as the condition of the Children Home in the State of Assam on the next date i.e. February 25, 2025.
The Senior Government Advocate submitted before the Court that the Draft Child Protection Policy of the State of Assam as well as the Draft Assam State Juvenile Justice Rules, 2024 has been placed in the Cabinet portal and also sent to the Judicial Department, School Education Department as well as the Finance Department for their final views and accordingly, the Child Protection Policy would be placed before the Cabinet in the next sitting.
It was further submitted that steps are being taken to incorporate the direction contained in paragraph-44(i) of the order dated August 20, 2024, passed by the Supreme Court of India in Suo Moto WP(C) 3/2023 in the Draft Juvenile Justice Rules.
The Apex Court vide the above-mentioned order, directed States and Union Territories to implement Section 19(6) of the POCSO Act, 2012 & Juvenile Justice (Care and Protection) Act, 2015 provisions to ensure rehabilitation of child victims.
While noting that it will take some time to notify the Rules and Child Protection Policy as well as to notify the appointments after the closure of the selection process, the Court adjourned the matter till February 25, 2025.
Furthermore, the Senior Government Advocate submitted that taking into account the pendency of cases before the Juvenile Justice Boards in the State of Assam, the State would also like to explore if the sitting of certain Juvenile Justice Boards can be increased as per necessity on case to case basis.
“As this is a welcome suggestion, the Govt. may explore the possibility of rescheduling the sitting of Juvenile Justice Boards in the State of Assam, wherever necessary and forward it to the Court through the learned Senior Govt. Advocate so as to enable the stakeholders to also examine it,” the Court said.
The matter is again listed on February 25, 2025.
Case Title: Bachpan Bachao Andolan v. The State of Assam & 4 Ors.
Case No.: WP(C)/5346/2024