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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CRL.) No.102 of 2007 R . E!"#o$%&%$o' of C($#)* ' $' O*"(&'&+ , $' %( S%&% of T&-$# N&). ...P %$%$o' *(,) V *,., U'$o' of I')$& / O*,. R ,"o') '%(,) 0

ORDER
1.

We have heard very lengthy submissions from the

Amicus Curie Ms. Aparna Bhat, Ms. Indira Jaising, AS , Mr. !aras "uhad, AS .

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It has been brought to our notice that inspite of

the emphatic directions that have been issued by this court on $rd January, #%&$ directing all the States and

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the 'nion (erritories to implement the protective provisions contained in the !rotection of )ights of Children from Se*ual +ffences Act, #%&#, the )ight of Children to ,ree and Compulsory -ducation Act, #%%. and the Commission for !rotection of Child )ights Act, #%%/, many States and 'nion (erritories have not complied 0ith the same. By order dated $ rd January, #%&$, 0e had also directed the States to file an affidavit indicating the time frame 0ithin 0hich the State Commission for the protection of children 0ould be established. By a subse1uent order dated 2 th ,ebruary, #%&$, further directions 0ere issued to all the States and the 'nion (erritories to comply 0ith the obligations under the aforesaid three Acts, 0ith regard to the establishment of protection institutions3implementation institutions, together 0ith necessary )ules and

)egulations. (he aforesaid order 0as to be complied 0ith 0ithin a period of three months from the date of receipt of the certified copy of the order. Sadly, 0e have to notice that inspite of the concern sho0n not

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only by this Court but also by the learned counsel appearing for the parties, little or no progress has been made in this regard. Although the affidavits have been filed indicating that the State Commissions have been established yet 0e find that such establishment is only on paper. In many States, Chairman of the Commission has not been appointed and in some other States even Members have not been appointed. (his apart,

necessary rules and regulations have also not been framed. (his, in our opinion, 0ould be sufficient 4ustification for this Court to ta5e a serious vie0 and initiate appropriate proceedings for contempt of court against the defaulting States and the 'nion (erritories.

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iven the lac5adaisical manner in 0hich the States

and the 'nion (erritories have responded to the concern sho0n by this Court in relation to the 0holly unacceptable situation prevailing and to stamp out any further e*ploitation of children, it has become

necessary to re6emphasi7e that it is the bounden duty

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of the States under Articles #&, #&A, #$, #8, 8/ and /&A 95: to create and maintain a protective and healthy environment in 0hich children 0ho are the future of this country can bloom and subse1uently become mature and responsible citi7en of this country. We have been pained to notice the utterly callous attitude adopted by the States as 0ell as the 'nion (erritories. We, therefore, have no option at this stage but to issue some further mandatory directions to ensure that the e*ploitation of the children in all spheres of life is brought to an end 0ith utmost e*pedition.

8.

We may notice at this stage that pursuant to our

earlier directions (ripura, ;adar and <agar =aveli, >a5sh0adeep, !ondicherry Chandigarh, ;aman Andaman and ;iu and have <icobar, still not

and

constituted State Commissions under Section &2 of the Commission for !rotection of Child )ights Act, #%%/. Some of the States 0hich have established the State Commissions for the protection of children but have not

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completely

constituted

the

same

by

either

not

appointing a Chairperson or Members are as under? Andhra !radesh ? (he Commission e*ists only on paper as no Chairman3Member has been appointed. Chattisgarh is partially constituted as only

Chairman has been appointed and the members have not been appointed. u4arat ? Although Chairman has been appointed yet no member or Secretary of the Commission has been appointed. =aryana ? (he situation is e*actly the same as u4arat, i.e. neither any Member nor Secretary has been appointed although the Chairman has been selected and appointed. =imachal !radesh? +nly a Member Secretary has been appointed. <o Chairperson or Member has been appointed. "erala 6 Again only a Secretary has been

appointed but there is no Chairperson or Member appointed.

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(amil <adu has appointed a Chairperson but no Member has been appointed. <agaland @ <othing has been done, i.e. no Chairperson or Member has been appointed. Similarly in '.!., nothing has been done as neither the Chairperson nor any Member has been appointed.

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(his inaction of the States is in the teeth of the

directions issued by this Court on $ rd January, #%&$ and 2th ,ebruary, #%&$. We ma5e it clear that this Court had ta5en notice of the e*ploitation of children and the deplorable conditions of children in various orphanages on the basis of the letter received, 0ay bac5 in the year #%%2. Surely, the States and the 'nion (erritories must reali7e that they have to operate under the Constitution and have to be duty bound to act in accordance 0ith the provisions of the Constitution. ,urthermore, each and every field 0hich concerns the 0elfare and the protection of the children is covered by relevant

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legislation. (he three prominent Acts have already been listed hereinabove.

A.

"eeping in vie0 the aforesaid attitude of the

States and the 'nion (erritories, 0e direct that the Chief Secretaries of all the States to 0hich notices have been issued in this matter shall file an affidavit 0ithin a period of eight 0ee5s from the date of this order disclosing full details 0ith regard to the implementation of the obligations specified under the three Acts. (he affidavit shall contain all the relevant information 0ith regard to the follo0ing ? a. Whether the State Commissions have been set up under Section &2 of the

Commissions for !rotection of Child )ights Act, #%%/B b. Whether the appointment of the

Chairperson and si* Members has been made indicating the names of such

Chairpersons and membersB

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c.

Whether )ules have been framed by the State overnments under the said ActB the and (he said if Commissions not 0hat are and are the the

d.

Whether functional

constraints.

appointment

remuneration structure of the Chairperson, Members Member and supports of staff the including State

Secretary

CommissionsB e. (he Chief Secretaries of the States in their affidavits to also indicate 0hether Special Courts have been designated under

Section #C of the !rotection of Children from Se*ual +ffences Act, #%&#B f. Whether Special !ublic !rosecutors have been appointed under Section $# of the said ActB g. Whether )ules have been framed under the )ight to -ducation Act, #%%.B

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h.

Whether all Institutions run by the State overnments or by Doluntary

+rganisations for Children in need care and protection have been registered under the provisions of Section $8 of the Juvenile Justice 9Care and !rotection of Children: Act, #%%%, read 0ith )ule 2& of the said ActB i. Whether any unregistered institutions for children in need of care and protection are being run and if so have they been shut do0n or ta5en over by the State

overnmentsB

2.

It is further directed that in the unli5ely event of

there being a non6compliance of any part of the directions issued by this Court, an officer of the ran5 of !rincipal Secretary of State overnment shall remain

present in person in the Court to clarify the issues 0ith respect to the failure to implement the directions of the

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Court. If for any reason, the affidavit, as directed for, is not filed by the Chief Secretary before the ne*t date of hearing, then also, the officer of the ran5 referred above shall remain present in person to e*plain the reasons for the StateEs failure to submit the affidavit.

C.

(he concerned State

overnments shall also

submit the re1uired information in the format anne*ed hereto as part of the affidavit to be filed by them.

FFFFFFFFF....J. GSurinder Singh <i44arH

FF..FFFFFFFFFFFJ. G,a55ir Mohamed Ibrahim "alifullaH <e0 ;elhiI ;ecember &A, #%&$.

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ANNE1URE THE PROTECTION OF CHILDREN FROM SE1UAL OFFENCES ACT2 2012

S.< o +bligation of the States Current Status of Implementa tion 9Carried out3not carried out: 0ith details as to the date of order ;etailed reasons for failure including )eceived date by 0hich the implementation 0ould stand carried out

9a:

9b:

9c:

9d:

Steps ta5en Circumstances !erson 0ho ;ates on 0hich (o0ards 0hich rendered 0as respon6 the matter 0as Implementa6 implementation sible for monitored by tion impossible implemen6 Chief Secretary tation to0ards ensuring imple6 mentaton

&. #. $.

Constitution of Special Court 9section #C: Appointment of Special !ublic !rosecutor 9section $#: ,raming of uidelines

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8.

for use of < +s, e*perts etc. to be associated 0ith the pre6 trial J trial stage to assist the child 9section $.: !ublic A0areness about the Act J any !eriodic (raining imparted to the officers of the ovt. etc. 9section 8$:

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THE RIGHT OF CHILDREN TO FREE / COMPULSOR3 EDUCATION ACT2 2004

S.< o +bligation of the Current States Status of Implementa tion 9Carried out3not carried out: 0ith details as to the date of order ;etailed reasons for failure including )eceived date by 0hich the implementation 0ould stand carried out

9a:

9b:

9c:

9d:

Steps ta5en Circumstances !erson 0ho ;ates on 0hich (o0ards 0hich rendered 0as respon6 the matter 0as Implementa6 implementation sible for monitored by tion impossible implemen6 Chief Secretary tation to0ards ensuring imple6 mentaton

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&.

#.

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Constitution of State Commissions for !rotection of Child )ights 9section $& r30 )ule #2: Appointment of State Advisory Council 9section $8: )ules made for carrying out the provisions of the Act 9section $C:

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THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT2 2000

S.< o +bligation the States of Current Status of Impleme ntation 9Carried out3not carried out: 0ith details as to the date of order ;etailed reasons for failure including )eceived date by 0hich the implementation 0ould stand carried out

9a:
Steps ta5en

9b:
Circumstances

9c:
!erson 0ho

9d:
;ates on

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0hich (o0ards 0hich rendered 0as respon6 the matter 0as Implementa6 implementation sible for monitored by tion impossible implemen6 Chief Secretary tation to0ards ensuring imple6 mentaton

&.

#.

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8.

/.

A.

Constitution of Juvenile Justice Board 9section 8: -stablishment of +bservation =omes 9section C: -stablishment of Special =omes @ If any, details. 9section .: Constitution of child Welfare Committee 9section #.: -stablishment of ChildrenEs =omes 9section $8: Appiontment of Inspection

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2.

C.

Committee @ If any, details 9section $/: )ecognition of Shelter =omes @ If any, details 9section $2: Creation of ,und for the 0elfare of 4uveniles 9section A&:

THE COMMISSION FOR PROTECTION OF CHILD RIGHTS ACT2 2005

S.< o +bligation the States of Current Status of Implementati on 9Carried out3not carried out: 0ith details as to the date of order ;etailed reasons for failure including )eceived date by 0hich the implementation 0ould stand carried out

9a:

9b:

9c:

9d:

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Steps ta5en Circumstances !erson 0ho ;ates on 0hich (o0ards 0hich rendered 0as respon6 the matter 0as Implementa6 implementation sible for monitored by tion impossible implemen6 Chief Secretary tation to0ards ensuring imple6 mentaton

&.

#.

$.

8.

Constitution of State Commission for !rotection of Child )ights 9section &2: Appointment of Chairperson and other members 9section &C: Appointment of Secretary J other officers for carrying out the functions of the State Commission 9section #&9&: Annual J

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/.

A.

2.

C.

Special )eports submitted by State Commission to the State. If any, details 9section #$9&:: Constitution of ChildrenEs Court 9section #/: Appointment of Special !ublic !rosecutor 9section #A: rants by the State overnment to the State Commission. If any, details 9section #C9&: )ules made to carry out the provisions of the Act 9Section $A9&:.

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