Apathy Towards Child Protection Can Perpetuate Cycles Of Abuse: Bombay High Court Orders State To Fill Vacancies In Child Welfare Institutions

Warning that neglect in safeguarding the rights and well-being of children could perpetuate cycles of abuse and hinder educational opportunities, the Bombay High Court recently directed the State government to fill vacancies in various child welfare institutions within three months. This includes posts in the Maharashtra State Commission for Protection of Child Rights, State Child Protection Society, District Child Protection Units, Juvenile Justice Board, Child Welfare Committees, and District Protection Officers and Probation Officers.

A division bench of Justice Nitin Jamdar and Justice MM Sathaye issued a set of directions to address the deficiencies in child welfare institutions across Maharashtra observing –

“All these shortfalls pose a serious threat to the well-being of children, undermining their rights and leaving them vulnerable to exploitation and neglect. The lives of countless children are at stake and apathy towards child protection can perpetuate cycles of abuse, hinder educational opportunities, and jeopardize the overall well-being of the future generation. Thus urgent action is required to rectify the deficiencies in the implementation of child protection measures in Maharashtra.”

The court passed these directions in a PIL by NGO Bachpan Bachao Andolan seeking implementation of guidelines outlined in 2018 by the Supreme Court in Sampurna Behura v. Union of India, emphasizing the failure of states to execute provisions of the Juvenile Justice Act effectively.

The petition underscored deficiencies in the establishment and functioning of various child protection institutions mandated by law. The petition highlighted a high number of vacancies in crucial positions across these institutions, impairing the effective implementation of child protection measures in the state.

The court noted that 4 out of 12 posts in the Commission are vacant, while the other 8 have been occupied through transfers and temporary postings. Further, out of 17 positions in the State Child Protection Society, 7 remain vacant, while in District Child Protection Units, out of 432 positions, 152 are unfilled. Similarly, out of 38 sanctioned Juvenile Justice Boards, 4 were operating with vacancies. In Child Welfare Committees, with 20 out of 175 sanctioned posts are lying vacant. Out of 493 Child Care Institutions, 115 institutions do not have Management Committees, the court noted.

Noting the backlog of cases before the Juvenile Justice Board and the Child Welfare Committee, which is 30,043 and 10,008 respectively as on May 3, 2023, the court underscored the urgency of rectifying this situation. The court stressed the need for proactive measures by the state to address staffing challenges, strengthen reporting mechanisms, and leverage technology for child welfare.

The court stressed that technology could aid in various aspects such as tracing missing children, combating child trafficking, managing cases of child abuse, and streamlining information management. The court further underscored the importance of timely reporting, social audits, and continuous training for personnel involved in child welfare.

Directions –

The court directed the State to fill up vacant posts in the Maharashtra State Commission for Protection of Child Rights, the State Level Child Rights Protection Society, the District Level Child Rights Protection Units, the Juvenile Justice Boards and Child Welfare Committees within three months.

The court directed the authorities to anticipate and initiate the process for filling anticipated vacancies in these institutions at least four months in advance to prevent prolonged vacancies.

The court directed Child Welfare Committees to convene at least twenty-one days a month. Additionally, the court directed the State Authorities to ensure that the Annual Report for the years 2018 to 2023 is published within a period of four months, with future reports to be made accessible online by the end of June every year.

The court directed the authorities to populate data pertaining to Maharashtra on national portals such as the National Mission Vatsalya Portal and the Go Home and Reunite Portal within a period of three months.

The court directed the establishment of Special Juvenile Police Units in districts and cities where they are not currently in place, to be supervised by officers not below the rank of Deputy Superintendent of Police, all within three months. Further, it mandated the designation of at least one officer in every police station as a Child Welfare Officer within four months.

To ensure accountability and transparency in the implementation of child protection measures, the court directed the preparation of a Social Audit by June 2024, with subsequent audits to be conducted annually.

The court held that the timelines will come into force from the date this order is uploaded, i.e., February 16, 2024. It made the Secretary, Women and Child Welfare Department, State of Maharashtra responsible for coordinating the implementation efforts, with all agencies and departments directed to provide necessary support.

The matter is kept on May 9, 2024 for compliance and further directions if necessary.

Case no. – Public Interest Litigation No. 108 of 2021

Case Title – Bachpan Bachao Andolan and Anr. v. State of Maharashtra and Ors.