Supreme Court Directs States To Implement NCPCR SOP To Rescue And Rehabilitate Children In Street Situations Till the Time They Notify Their Respective Guidelines

During the course of the hearing, a Bench comprising Justices L. Nageswara Rao and B.R. Gavai were concerned that the identification process carried out by the State Governments, till date, have not been satisfactory.

"Since all the States are here, the number of children identified as appearing from the web portal is paltry, if we can use that word. We were told last time that there are about 1.5 million children. Only 17000 children have been identified. Ask your officers to be a little vigilant."

On the last date of hearing, Amicus Curiae, Mr. Gaurav Agarwal submitted that vide order dated 21.02.2022, the Bench had directed the States to adopt policy for rescuing and rehabilitating the CiSS in consonance with the SOP 2.0 drafted by the NCPCR. The States were given the liberty to approach the NCPCR with suggestions of tweaking the SOP 2.0 guidelines to suit the ground realities of the respective States. He apprised the Bench that the State Governments had sought further extension in this regard.

The Bench opined that sufficient time had already been provided to the States and thought it fit to direct the State Governments that are yet to notify their guidelines to follow the SOP 2.0. On Monday, it reiterated that -

"What about the states that have not framed guidelines, we can ask them to follow NCPCR guidelines…We will say until you frame your schemes the guidelines filed by NCPCR have to be followed."

Additional Solicitor General, Mr. K.M. Nataraj appearing on behalf of the NCPCR requested the Bench to direct that once the States finalise their guidelines, the same should be forwarded to the NCPCR.

"Once the final schemes are drafted, they should be sent to NCPCR."

The Bench was apprised that the Tamil Nadu Government and Delhi Government have already formulated the scheme for rescuing and rehabilitating CiSS. Considering the same, it directed the said Governments to provide a copy of the same to the NCPCR and take immediate steps to rescue and rehabilitate -

"The States of Tamil Nadu and Delhi are directed to submit a copy to NCPCR. The States of Tamil Nadu and Delhi are directed to implement the schemes…and immediate steps in identifying and rehabilitating CiSS."

Advocate, Ms. Deepanwita Priyanka, appearing for the State of Gujarat, informed the Bench that the State Government has approved the policy of NCPCR except the payment of Rs. 2000 under the scholarship scheme as envisaged in SOP 2.0, which, she submitted, is currently under consideration -

"We have approved the policy of NCPCR, other than payment of Rs. 2000 (sponsorship), which is under consideration."

Justice Rao asked the Counsel to request the State Government to consider it favourably.

"You are such a progessive state, you cannot take a stand that you cannot pay this Rs. 2000…We are saying, you consider it favourably."

Advocate, Mr. Arjun Nanda, appearing for the State of Chhattisgarh informed the Bench that it had suggested some modifications, which had been approved by the NCPCR and at present the policy had been forwarded for notification. He submitted -

"Approval was sent from NCPCR and the policy has been forwarded for notification."

Accordingly, the Bench directed the State Governments that are yet to formulate a policy to implement the guidelines circulated by the NCPCR in the interim and take steps to rescue and rehabilitate the CiSS.

"As it is clear that the other States/UTs have not raised any objection or sought any modification of the suggestions made by NCPCR, we direct all the State Govt./UTs to implement the guidelines circulated by NCPCR and take steps to rescue and rehabilitate the children apart from the later stages which are clear from Bal Swaraj Portal. A status report shall be filed by the State Govt./UTs within a period of 2 weeks from today. List it in the second week of May."

The Counsel appearing for the State of Tripura submitted that the State Government's policy was in the pipeline. He beseeched the Bench that the State should not be deprived from formulating its own guidelines.

The Bench clarified that the said direction was only an interim arrangement. Till the time the State Governments notify their own guidelines, they are to follow the one drafted by the NCPCR -

"The said direction to comply with the guidelines of NCPCR shall be in place till the time the State Govts. decides to have a policy of their own."

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

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