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Bachpan Bachao Andolan v. Union of India & Ors.

November 26, 2021
Writ Petition(s) (Civil) No(s). 75/2012

Constitution of India — Art. 32 — Writ petition — Missing children — Problem of — Advisory Boards — Setting up of — Discrepancy in the number of missing children should be given the highest priority by the Ministry of Women and Child Development and the discrepancy should be reconciled immediately — Record shows that the Advisory Boards have not been set up in five States — It is stated that the Advisory Boards shall be established as soon as possible and that they shall function effectively — And steps will be taken to ensure that regular reports are called from them — Necessary steps will be taken for appointment of the Chairperson and the Members of NCPCR — Ministry has also launched a website “khoya-paya” — There is already in existence a website called ‘track the missing child’ — It is further stated that that a meeting has been held with the National Police Academy and the Tata Institute of Social Sciences — Ministry will take up the issue of missing children with all seriousness and will request the State Governments and the Union Territories to implement ‘Operation Smile’ and ‘Operation Muskaan’ with due earnestness and diligence — Juvenile Justice (Care and Protection of Children) Act, 2000, Ss. 2(a) and 62


                                                                                      (Paras 3 to 11)

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(Madan B. Lokur and Uday Umesh Lalit, JJ.)


 


Bachpan Bachao Andolan __________ Petitioner


 


v.


 


Union of India & Ors. ______________ Respondent(s)


 


Writ Petition(s) (Civil) No(s). 75/2012, decided on August 7, 2015


 


The Order of the court was delivered by


Order


 


1. We have heard learned counsel for the petitioner as well as the learned Additional Solicitor General.


 


2. We have also perused the affidavit filed by Mr. Naveen Yadav on 6th August, 2015. An explanation has been given by Mr. Naveen Yadav, which we accept. However, we wish to make it clear that the discrepancy in the number of missing children (which is very unfortunate) should be given the highest priority by the Ministry of Women and Child Development and the discrepancy should be reconciled immediately.


 


3. It must be appreciated that we are not dealing with numbers, but we are dealing with the lives of the children. Unless this is appreciated by the Ministry, the problem of missing children will not be eliminated. We leave the matter at that and also waive the costs imposed.


 


4. Learned Additional Solicitor General says that the Advisory Boards have been set up in a large number of States, but it appears from the record that the Advisory Boards have not been set up in five States. He says that the Secretary in the Ministry of Women and Child Development will once again take up the matter with the Chief Secretary of the concerned States to ensure that the Advisory Boards, as postulated by the Juvenile Justice (Care and Protection of Children) Act, 2000 are established as soon as possible and that they function effectively. He says that steps will be taken to ensure that regular reports are called for from the Advisory Boards so that it can be ascertained whether they are in fact performing their functions in accordance with the Act.


 


5. As regards the appointment of the Chairperson and the Members of NCPCR, it is stated that the selection process is over and the matter is pending with the Appointments Committee of the Cabinet (ACC) and as soon as the decision is made available, necessary steps will be taken for their appointment.


 


6. The Ministry has also launched a website “khoya-paya”. There is already in existence a website called ‘trackthemissingchild’. We do not see any need to multiply websites with regard to missing children. It is stated by learned Additional Solicitor General that the website will be integrated with the website www.trackthemissingchild.gov.in. He says that the integration has taken place at the back-end, but now there will be integration at the front-end also so that it is convenient not only for the parents of missing children, but for others who find missing children as well as the governmental authorities in making efforts to track children and to restore them to their families.


 


7. Learned Additional Solicitor General says that efforts are on to make the websites available in regional languages. The matter is pending with the National Informatics Centre (NIC) and it will be taken up with the NIC to expedite the process.


 


8. It is stated by learned Additional Solicitor General that a meeting has been convened on 14th August, 2015 by the Secretary in the Ministry of Women and Child Development with the Secretaries of the counterpart Ministry in various States and Union Territories. He says that among the items in the agenda is the finalization of SOP. However, he says that the setting up of the Advisory Boards and their functions will also be taken up in the discussion.


 


9. It is finally submitted by learned Additional Solicitor General that a meeting has been held with the National Police Academy and the Tata Institute of Social Sciences and the result of those discussions will also be made available to the participants in the meeting on 14th August, 2015 and a final decision will be taken preferably on 14th August, 2015 or otherwise soon thereafter.


 


10. The presence of the Secretary in the Ministry of Women and Child Development is dispensed with.


 


11. The Ministry will take up the issue of missing children with all seriousness and will request the State Governments and the Union Territories to implement ‘Operation Smile’ and ‘Operation Muskaan’ with due earnestness and diligence.


 


12. List the matter on 11th September, 2015.


 


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