Involve NGOs, Child Rights Activists In Identification Process Of Children In Streets : Supreme Court Tells NCPCR

Senior Advocate, Mr. Salman Khurshid appearing on behalf of Mr. Amod K. Kanth, General Secretary, Prayas Juvenile Aid Centre urged the Bench comprising Justices L. Nageswara Rao and B.R. Gavai to involve civil society organisations in the identification process of the CiSS. He submitted -

"The civil society sector, the NGO sector, they are to be kept in contact so that they can help in the collection of data."

Mr. Kanth informed the Bench that the Juvenile Justice (Care And Protection of Children) Act, 2015 casts a duty on the NGOs to be involved in the procedure in relation to children in need of care and protection. He further pointed out that the Child Care Institutions have better access to the CiSS than the District Magistrates and other such Government Institutions.

"The doorway to getting to these children is the Child Care Institutions….We are barking up the wrong tree because the DM and these (government) institutions can't get this information."

Justice Rao opined that the NCPCR should take the assistance of individuals or organisations keen to extend assistance in identifying the CiSS.

"As he says that statue itself gives opportunity to the Govt. to utilise the services of the NGOs. He is right in saying that the Govt. cannot do whatever it has to under the statute and if there is somebody who wants to come forward to help the cause, you should associate them" , he stated.

Advocate, Ms. Swarupama Chaturvedi appearing for NCPCR informed the Bench that the NGOs were already directed by the Court to be involved in the said process by the State Governments.

"….NGOs are involved. The Court had passed directions to the States that whenever they need information they can take assistance from NGOs. So, it is already included that way."

Justice Rao noted that though such an order was passed, the delay in the process of identification does not indicate involvement of civil society organisations and individuals who have been dedicatedly working in the field of Child Rights.

"It is there, but at the ground level, I don't think it is happening…Any individual who is coming forward to help, you should take their assistance. You have identified Traffic Units, police officials, revenue officials, health officials etc. They have their own duties to do, but there are organisations and individuals who have been spending all their time on this. You should actively associate with them."

The Bench asked Ms. Chaturvedi to discuss with NCPCR authorities if access to the Bal Swaraj portal could be extended to such NGOs.

"Can you discuss with the authorities and provide access to these portals to certain organisations?"

Ms. Chaturvedi was of the view that the same might not be possible.

Justice Rao suggested that involving the NGOs in an effective way might expedite the process which has been going on for quite some time now. Considering the impediment caused to the children due to the delay in the identification process, the Bench asked Ms. Chaturvedi to seek instructions from NCPCR.

"Think about it. We keep adjourning this matter...We have been monitoring this for almost one and a half years. You know the progress made. You have been complaining that it is not satisfactory. Imagine these children, how long can they wait. You can come forward with suggestions on how we can improve the situation. We are still at the identification stage, we are not moving forward."

She responded, " I will take suggestions on how we can take help from NGOs."

Additional Solicitor General, Mr. K.M Nataraj, appearing on behalf of NCPCR informed the Bench that they are considering seeking assistance from law schools in identification of the CiSS.

"We were thinking of taking assistance from law schools."

Justice Rao suggested involvement of NGOs and the Legal Service Authorities on priority -

"First associate with people like Mr. Kanth and other organisations who are spending 24*7 on this…Even Legal service authority. If you don't want to disturb this portal we can have another portal."

Amicus Curiae, Mr. Gaurav Agarwal apprised the Bench that on a previous occasion, it had directed the States to formulate the policy for rehabilitation of the CiSS. Now, the State Governments have sought further extension to formulate the same. Only Delhi and Tamil Nadu have notified their policy in this regard.

The Bench noted that already sufficient time has been provided to the State Governments to formulate their own schemes. It was of the opinion that they can be suggested to follow the guidelines set out by the NCPCR in its SOP 2.0.

Mr. Agarwal suggested that the States can take time to draft the framework, but in the meanwhile, the Bench can direct them to follow the draft policy prepared by NCPCR.

Ms. Chaturvedi supported the submissions made by the Amicus.

"The draft suggestions in the affidavit dated 17.02.2022, that guideline can be followed."

Justice Rao noted -

"We will pass that order next Monday. In the meanwhile, you come up with suggestions, how we can hasten the process."

On the issue of identification and rehabilitation, Mr. Agarwal informed the Bench that as per the NCPCR affidavit the CiSS have been demarcated into several categories - begging; labour; street vendor/ rag-picking; not specified. It was submitted that the identified children can be extended the benefit of rehabilitation and the State Government can be directed to submit a status report in that regard within a period of three weeks.

[Case Title: In Re: Children in Street Situations SMW(C) No. 4 of 2020]

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