Refine The Process Of Identification & Rehabilitation Of Children In Streets As Per NCPCR Recommendations : Supreme Court Directs States

On perusal of the affidavit dated 24.03.2022 filed by the NCPCR, a Bench comprising Justices L. Nageswara Rao and B.R. Gavai noted that it provides particulars of CiSS who have been identified and that of the steps taken so far by the respective State Governments. It directed the States to assess the gaps in the measures adopted by them as pointed out by NCPCR.

The Bench had previously directed the Governments and Union Territories to implement the suggestions made by NCPCR with respect to the CiSS in the Standard Operating Procedure for Care and Protection of Children in Street Situation 2.0 ("SOP 2.0") which includes identification of CiSS, their recognition, categorisation, measures for ensuring care and protection, rehabilitation. On Monday, the Bench was informed that the State Governments/Union Territories had stated that the formulation of the policy in adherence to the recommendations made by the NCPCR was under process and would be completed by the second week of April, 2022.

Children In Street Situation

As per an affidavit dated 24.03.2022 filed by the NCPCR before the Apex Court, uptil 15.03.2022, data of 19,456 children in streets were uploaded in the Bal Swaraj portal. Out of this number, there were 10401 children living on the streets with their families; 8263 children were on the streets in the day and were back home at night and 882 children were without support living on the streets alone.

Maharashtra has not identified the children mapped by the NGO, Save the Children

In the affidavit, NCPCR stated that the 2 lakh children mapped by the NGO, Save the Children during the development of SOP 2.0 of NCPCR for care and protection of children in street situations, out of four states namely, Delhi, Maharashtra, Uttar Pradesh and West Bengal, only Maharashtra has not started identifying the children mapped by the said NGO.

Chief Secretaries to take up the role of monitoring authority for rehabilitation policy

The NCPCR had written to the Chief Secretaries of the States/UTs on 24.02.2022 informing them they should take up the role of monitoring authority in the policy for rehabilitation of children in street situations. They have been asked to hold periodic reviews of the working of different State departments as and when the policy for rehabilitation of the CiSS is notified and also suggest steps to be taken from time to time. NCPCR had sent letters to the Principal Secretaries of the Department of Women and Child Development/Social Welfare of all States/UTs on 25.02.2022 requesting them to ensure implementation of the rehabilitation policy at the earliest. It has also suggested the States/UTs to upload information on the Baal Swaraj Portal.

State Commissions to monitor mapping of hotspots and conduct rescue drives

In a two-day national workshop on Child Rights organised by the NCPCR, the SCPCRs undertook to monitor the work of mapping of hotspots done by the district authorities and conduct identification and rescue drives for these children with the assistance of NCPCR.

Implementation of the Policy by States

The NCPCR had conducted a Review Meeting with the State Governments to discuss the implementation of policy for rehabilitation of CiSS on 11.03.2022. Out of the 25 States/UTs in attendance, the majority informed the NCPCR that the policy would be implemented between March-end to Mid-April. The NCPCR has provided feedback after analysing the data uploaded by the States and asked them to take immediate action. It was observed that in the majority of the States the identification was moving at a slow pace and therefore, the NCPCR has informed the States to map hotspots and share a rescue calendar within 15 days of the meeting. Once the calendar is received NCPCR would send their teams to the said State for assistance. The States/UTs have been advised by the NCPCR to hold joint meetings with other departments who are involved in providing financial assistance, benefits under the welfare schemes, compensation etc. Upon analysing the data for 19 States/UTs that have uploaded information upto Stage 6, which includes, personal details of the children; their social investigation report; individual child care plans; uploading Child Welfare Committee order; listing benefit schemes; uploading follow-up forms, the NCPCR has issued 2062 letters to the district authorities on 17.03.2022 for completion of data and removal of discrepancies. It had also made recommendations to the district authorities for linking the children and the families with the scheme and for rehabilitation of children who are victims of offenses, addicted to substances, out of school etc.

The affidavit stated that the copy of the suggested policy for rehabilitation of children in street situations have been sent to all States/UTs. The State of Chhattisgarh has already shared its draft policy with NCPCR on 17.03.2022. It has been vetted and sent back for implementation.

[Case Title: In Re: Children in Street Situation]