Gauhati High Court Urges State Govt To Notify Draft Child Protection Policy & Rules, Flags Issues Being Faced By Juvenile Justice Boards

The Gauhati High Court recently exhibited its hope and trust in the Assam Government to take immediate steps to notify the Draft State Child Protection Policy as well as the Rules.

The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further directed the State Government to take steps for the redressal of the various issues and challenges faced by the Juvenile Justice Boards in the State.

The Court was hearing a PIL raising concerns on child rights issues. During the hearing on September 13, the Senior Government Advocate submitted that one month more would be required to settle and notify the State Child Protection Policy and the Rules to be framed by the State.

The Court noted: “We hope that in the absence of the State Child Protection Policy and the State Rules in place, the State would inform all the stakeholders that till the State Child Protection Policy and Rules are framed by the State, all the stakeholders shall follow the Draft Central Model Rules, 2016 proprio vigore.”

The Court further remarked that the registry has received a note from the Judicial Academy, Assam indicating the various challenges faced by the Juvenile Justice Boards.

“The said note dated 05.09.2024 along with compilation of the issues and challenges faced by the Juvenile Justice Boards be circulated to the learned counsel for the appearing parties. However, the said note shall be taken up by the Court on the next date of listing,” it said.

The Court further recorded:

“We just put on record our hope and trust that the State Govt. with all its resources and might would take immediate steps so as to notify the Draft State Child Protection Policy as well as to notify the Rules so that the purpose of Juvenile Justice (Care and Protection of Children) Act, 2015 is achieved in the State.”

The matter is again listed on November 5.

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

Case No.: PIL/60/2019

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