(Madan B. Lokur and Deepak Gupta, JJ.)
Sampurna Behrua __________________________________ Petitioner
v.
Union of India & Ors. ___________________________ Respondent(s)
M.A. No. 2069 of 2018 in WP(C) No(s). 473/2005, decided on October 8, 2018
The Order of the court was delivered by
Order
1. Ms. Aastha Saxena Khatwani, Joint Secretary in the Ministry of Women and Child Development, Government of India is present in Court today.
2. We have had the benefit of her assistance in the matter, particularly, since the issues raised are nonadversarial.
3. We have also heard learned amicus curiae and learned Additional Solicitor General.
4. It appears that the Ministry of Women and Child Development is in the process of preparing/developing a Standard Operating Procedure (SOP) addressing the problem of destruction in the life of children in the child care institutions.
5. Ms. Khatwani says that the development of the SOP may take some time, but in the meanwhile, an interim advisory will be issued to all the State Governments/Union Territories giving the protocol to be followed in situations where there is some destruction in the life of children in the child care institutions and even other children who may have destruction in their life due to violence, sexual or otherwise.
6. It is further stated that a study is being conducted by the National Commission for Protection of Child Rights (NCPCR) on child care institutions. This study is on the conditions of the child care institutions, including all its facilities, etc. As soon as the study is received, it will be fully examined by experts appointed by the Ministry of Women and Child Development so that the process of providing good living conditions and facilities to children in the child care institutions is taken care of. Where it is necessary the child care institutions that do not meet the basic requirements will need to be shut down and remedial steps taken with regard to the children in those child care institutions.
7. It is finally stated that a Child Protection Policy is also on the anvil and this may take about two months or so. As soon as the first draft is available, it should be circulated widely and also given to learned amicus curiae so that suggestions can be invited from all concerned.
8. During the course of discussions, we had suggested to the Joint Secretary to consider the possibility of setting up or strengthening some national institution for the benefit of the children. The institution could be in the nature of a centre of excellence or some institutional body which can look into various aspects in the life of disadvantaged children including investigation into offences committed by or against children, trial procedures, punishment, psycho-social rehabilitation, physical rehabilitation, mental trauma, physical well-being, training to the prosecutors, counsellors, all professionals, etc. etc. etc. She says that she will take instructions in this regard and get back to us within four weeks since consultations may have to be held with various departments of the Government of India.
9. Since the matter is of some urgency and is relevant to the life of the children, we expect the Government of India to act with necessary promptitude in this regard and give necessary instructions to the Ministry of Women and Child Development.
10. List the matter on 13th November, 2018.
11. In the meanwhile, the Ministry of Women and Child Development, Government of India should also give us a status report about the existence of Child Welfare Committees and the functioning of the Juvenile Justice Boards.
12. It is stated by learned amicus curiae that in the State of Bihar, it appears that the Child Welfare Committees are dysfunctional due to some High Court proceedings.
13. Mr. Ranjit Kumar, learned senior counsel appearing on behalf of the State of Bihar says that he will take instructions in this regard.
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