Sc Judgement on Children Laws

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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''%(,)

O R D E R

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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 thebruary,

#%&$, further directions 0ere issued to all the States

and the 'nion (erritories to comply 0ith the obligations

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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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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

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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

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(amil


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legislation. (he three prominent Acts have already been

listed hereinabove.

. "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

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c. Whether )ules have been framed by the

State overnments under the said Act

d. Whether the said Commissions are

functional and if not 0hat are the

constraints. (he appointment and the

remuneration structure of the Chairperson,

Members and supports staff including

Member Secretary of the State

Commissions

e. (he Chief Secretaries of the States in their

affidavits to also indicate 0hether Special

Courts have been designated under

Section # of the !rotection of Children

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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

Act

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

overnments

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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.

. (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

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ANNEURE

THE PROTECTION OF CHILDREN FROM SEUAL OFFENCES ACT 2012

S.

Sc Judgement on Children Laws

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