Gauhati High Court Criticises Assam Government For Delay In Notifying Draft Child Protection Policy And Rules

The Gauhati High Court on Thursday expressed its displeasure about the delay in notifying Draft Rules and the Draft Child Protection Policy by the Assam Government.

The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury observed:

“The delay in notifying the Draft Rules as well as the Draft Child Protection Policy discloses that the State Government or its concerned officers do not have the will to give tooth to the child protection laws like Juvenile Justice (Care and Protection of Children) Act. Due to insensitivity of the various stake holders in giving their inputs so that the State can notify the Draft Rules as well as the Draft Child Protection Policy, we express our displeasure.”

Earlier, the Court by order dated June 25, 2024, noted:

“In respect of the directions contained in para 5 and 6 of the order dated 28.03.2024, the learned Senior Government Advocate has submitted that the Draft Rules have been finalised after the State level consultation and as per his instructions, the Draft Rules would be placed before the Government on 26.06.2024. It is also submitted that the Draft Child Protection Policy has already been submitted to the State and they are awaiting approval of the said Policy at the earliest. We hope and trust that both the Draft Rules as well as the Draft Child Protection Policy shall be finally notified by the appropriate Government prior to the next date of listing of this matter.”

However, on Thursday, it was submitted before the Court that for the purpose of notifying the Draft Rules and the Draft Child Protection Policy, various stakeholders are required to be consulted and for that process, some more time is required.

It was observed by the Court that a vague comment has been made to the effect that the Government is in the process of consultation with various departments concerned and once the process of consultation is over, the Rules will be sent to the Legislative Department for vetting the same.

“Therefore, the Court is inclined to direct the State to file an affidavit by an authority not below the rank of Secretary to the Government of Assam, wherein the State authorities will indicate about the process of consultation and explain what is such process; which are the departments that are to be consulted for the purpose of notifying the Draft Rules and Draft Child Protection Policy; the status of consultation which has taken place between 25.06.2024 and 21.08.2024; what is the estimate of the Government about the time which they intend to consume before the Draft Rules and the Draft Child protection policy would be notified; as well as the estimated time that might be consumed in the Legislative Department before the actual notification is made,” the Court directed.

The Court recorded that the present writ proceeding is not an adversarial litigation and the purpose of the Juvenile Justice (Care and Protection of Children) Act is already contained in the Act. Thus, the Court noted that it expected more dynamism from the State Government in notifying the Rules and Child Protection Policy.

It was also directed by the Court that in respect of the compliance of various directions contained in the order dated June 25, 2024, the State would address the same by way of an affidavit through respective Departments concerned.

“We again hope and trust that the directions contained in paragraph-6 of the order dated 25.06.2024 is complied with at the earliest in the best interest of the children for whom the Act referred above has been enacted,” the Court said.

The Court stated that it hopes that the Government is conscious of the fact that the present Bench is monitoring the issues on the basis of various directions which are contained in the orders passed from time to time by the Supreme Court of India.

The matter is listed again on September 13.

Case No.: PIL/60/2019

Case Title: Bachpan Bachao Andolan & Anr. v. The State of Assam & 4 Ors.

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