Children In Street Situation : Supreme Court Directs States To Implement NCPCR SOP

On perusal of the SOP 2.0, a Bench comprising Justices L. Nageswara Rao and B.R. Gavai was pleased to note that it provided for a comprehensive framework, which includes identification of CiSS, their recognition, categorisation, measures for ensuring care and protection, rehabilitation.

"We have carefully examined the suggestions which are comprehensive in nature dealing with all conceivable situations. Subject to certain modifications that may be suggested by State Governments, the suggestions made by the NCPCR shall be implemented by the State Governments/Union Territories."

The Bench had been previously apprised by Advocate, Mr. Gaurav Agarwal, Amicus Curiae in the matter, that in absence of a standard policy for rehabilitation of CiSS, there is no uniformity in the measures adopted by different states. In view of the same, the Bench had asked the State Governments to formulate a rehabilitation policy in consultation with NCPCR. Consequently, after elaborate deliberation, the present SOP 2.0 had been formulated.

"During the course of hearing of this matter on 17.01.2022, Gaurav Agarwal, Ld. Amicus Curiae submitted that there is no policy for rehabilitation of CiSS framed either by Central Government or State Governments. In the absence of such policy the stand taken by the State Governments for rehabilitation of CiSS rescued is not uniform. This Court directed the State Governments to formulate policy for rehabilitation of CiSS, with the guidance of NCPCR. After holding discussions with State Governments /Union Territories NCPCR has made suggestions for formulation of rehabilitation policy for CiSS."

The Bench noted that implementation at ground level and the monitoring of the same is crucial.

"...this policy for which suggestions are made is being implemented or not. The State Government has to ensure implementation. The Counsels appearing for States have to impress upon the State Government to carry it out."

It opined that the NCPCR should meet with the States more often to effectively monitor the implementation of the suggestions elucidated in SOP 2.0. Additional Solicitor General, Mr. K.M. Nataraj appearing for NCPCR apprised the Bench that a direction from the Court would be preferred in this regard, as there is a lack of cooperation on the part of some States. Accordingly, the Bench recorded in the order -

"NCPCR is directed to conduct periodical reviews preferably once a month to monitor the implementation of the suggestions that are made in addition to CiSS-SOP 2.0."

The Bench observed that though no objection was raised by any State Governments during the course of the hearing, the suggestions in SOP 2.0 might need some tweaking considering the ground realities of respective States. Mr. Nataraj suggested that in such a situation the States can approach the Apex Court with modifications. However, the Bench felt it would be more effective if the NCPCR is reached in such circumstances.

"The Ld. Amicus Curiae also recommended the suggestions made by the NCPCR. At present there is no objection raised by any State Government with respect to the suggestions made by NCPCR because suggestions are made after discussions with State Governments/Union Territories. In case any State Government/Union Territory needs a deviation from suggestions made by NCPCR, they may approach NCPCR for suitable modifications in the suggestions."

It was highlighted by the Bench that a permanent solution is to be adopted for children who are rescued by the State authorities. They have to be rehabilitated. Measures have to be taken to ensure a permanent solution for their shelter and education.

"The problem is rescuing children cannot be a temporary plan. It has to be ensured that they are rehabilitated. That has been dealt with in this suggestion."

Mr. Nataraj pointed out four crucial aspects which he believed required the Court's urgent consideration.

1. The States are not updating the Bal Swaraj portal in derogation of the directions passed by the Bench on several occasions. Particulars of only 17,000 children have been uploaded on the portal till date.
2. The States are yet to respond to the SOP 2.0 filed by NCPCR.
3. Breach of duty on the part of police officers in registering cases of beggary. Whenever an officer spots a child begging in public places, they are obligated by Section 75 of the Juvenile Justice Act (Care and Protection of Children) Act, 2015 to register a case and make sure that the child is taken care of.
4. There is a lack of cooperation from the district administration and concerned departments.

"I have pointed out four issues. There is no substantial improvement, only 17,000 children's details have been uploaded till date…So, that is one thing which is a matter of concern. There is no updation from some states despite directions on a couple of occasions. The second is that we have prepared a draft policy (SOP 2.0), which we have filed before this Court. Now, the State Governments have to file their response. Third, the alarming situation is the duty of police under the Act. Whenever begging takes place in public places…under the Act they are mandated to register a case and take care of the children. Section 75 of the JJ Act… Nothing has been done, nothing has been achieved, which has resulted in the continuation of this crime…The non cooperation from many states. There is total lack of cooperation from the district administration and various such bodies. We request for appropriate direction."

With respect to the issue of response from the State with suggestions of modification to the SOP 2.0, the Bench noted that since the recommendations made therein were formulated after conducting a series of meetings with at least twenty State Governments, seeking further response would only delay the process set out in the SOP.

Observing that the details of only 17,914 children have been made available by the State Governments when the rough estimate of CiSS is 15-20 lakhs, the Bench reiterated its direction asking the State Governments and Union Territories to update information on the portal. It further asked the State officials to coordinate with NCPCR in their welfare activities.

"Mr. Nataraj, ASG appearing on behalf of NCPCR submitted that information directed to be given by State Governments/Union Territories with respect to rescue and rehabilitation of CiSS is not being provided by State Governments/Union Territories. Till date information in relation to 17,914 CiSS had been provided, when rough estimate of CiSS being to the tune of 15-20 lakhs. We reiterate the direction that was given earlier that the concerned authorities in the States have to update the material that is required on the web portal of NCPCR without fail. NCPCR has also brought to our notice certain officers of State Governments/Union Territories have not been cooperating with NCPCR during the inspections and scrutiny done by the NCPCR. Collection of information is for implementation of certain schemes in favour of destitute children in street situations. We have no doubt in our mind that the State Governments/Union Territories will extend full cooperation to NCPCR in their activities."

The matter is to be next listed after four weeks. In the interim, NCPCR is directed to file a status report regarding the implementation of the suggestions made with respect to CiSS.

[Case Title: In Re Children in Street Situations SMW(C) No. 6 of 2021]

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