Gauhati High Court Urges State To Notify Child Protection Policy, Rules Under Juvenile Justice (Care & Protection) Act

The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further showed hope that the High Court appointed Committee shall be able to complete the inspection of all the Child Care Institutions in the State by June 24.

The Court was hearing a PIL filed Bachpan Bachao Andolan and Sampurna Behura concerning child rights issues.

The Counsel appearing for the State submitted that as of March 27, 2024 the High Court Committee had made 58 visits covering the Child Care Institutions (CCIs) of Kamrup (Metro), Kamrup, Darrang, Baksa, Sonitpur, Nagaon, Morigaon, Cachar, Hailakandi, Karimganj, Nalbari, Barpeta and Udalguri districts and inspections were carried out keeping in view the Form no. 46 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

It was further submitted that the State Child Protection Society had conducted a one day training programme of social workers of the Juvenile Justice Boards of various districts as mentioned. The 1^st phase of training was conducted in November, 2023 and the 2^nd phase of training for the Chairperson and members of the Child Welfare Committees was conducted in February, 2024.

The Court observed:

“We hope and trust that the recommendations and suggestions from Bachpan Bachao Andolan shall be forwarded to the State Govt. for its consideration. We also hope and trust that the State Govt., after due consideration, will approve and notify the Child Protection Policy for the State of Assam at the earliest, hopefully before the next date of listing.”

The Court further expressed its displeasure regarding inordinate delay in finalization of the agency for conducting social audit and said that it does not appear to be in public interest.

“Therefore, we grant liberty to the Govt. to explore alternatives for appointing persons for conducting social audit. We hope and trust that the agencies would be finalized prior to the next date of listing,” the Court added.

The matter is again listed on June 24.

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

Case No.: PIL/60/2019

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