Child Protection Policies Under Review: Supreme Court Sets Deadlines

Introduction

The Supreme Court of India has taken significant steps to address the pressing issues surrounding child protection in the country. In a recent order, the Court has set clear timelines for the implementation of various child protection policies and Standard Operating Procedures (SOPs) aimed at safeguarding children from violence. This article delves into the Court's directives, the legal principles involved, and the implications for child welfare in India.

Case Background

The case at hand, SAMPURNA BEHRUA VERSUS UNION OF INDIA & ORS., revolves around the urgent need for effective child protection mechanisms in India. The petitioner, Sampurna Behrua, raised concerns regarding the safety and welfare of children, particularly those in Child Care Institutions. The Supreme Court has been actively involved in monitoring the implementation of child protection laws and policies, particularly in light of the Juvenile Justice (Care and Protection of Children) Act, 2015.

What The Lower Authorities Held

The lower authorities had previously acknowledged the need for a comprehensive child protection framework. However, there were significant delays in the formulation and implementation of necessary policies and SOPs. The Ministry of Women and Child Development was tasked with developing these frameworks, but progress had been slow, prompting the Supreme Court to intervene.

The Court's Reasoning

In its order dated November 27, 2018, the Supreme Court highlighted six critical issues that required immediate attention. The Court noted that the Ministry of Women and Child Development was in the process of preparing an SOP to address violence against children, but the SOP was not yet ready. In the interim, the Court emphasized the importance of an advisory issued to all State Governments and Union Territories, outlining the protocols to be followed in cases of child violence.

The Court expressed its expectation that the State Governments would ensure the registration of child care institutions under the Juvenile Justice Act. It was pointed out that some States had not provided necessary information regarding the number of registered institutions, which is crucial for the effective implementation of child welfare measures. The Court mandated that this information be submitted to the National Commission for Protection of Child Rights (NCPCR) within two weeks.

Furthermore, the Court reiterated the need for a Child Protection Policy, which was stated to be in development. The Court insisted that once the first draft of this policy is available, it should be widely circulated for feedback from stakeholders, including the learned Amicus Curiae involved in the case.

Statutory Interpretation

The Supreme Court's directives are rooted in the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, which aims to provide a framework for the care and protection of children in need. The Act mandates the establishment of Child Welfare Committees and Juvenile Justice Boards to oversee the welfare of children and ensure their rights are protected. The Court's insistence on timely registration of child care institutions and the formulation of a Child Protection Policy reflects its commitment to upholding the statutory mandates of the Act.

Constitutional or Policy Context

The Supreme Court's intervention in this matter underscores the constitutional obligation of the State to protect the rights of children, as enshrined in Article 15(3) and Article 21 of the Constitution of India. The Court's proactive stance in ensuring the implementation of child protection policies is a crucial step towards fulfilling these constitutional mandates. The Court's directives also align with international conventions on child rights, reinforcing India's commitment to safeguarding the welfare of its children.

Why This Judgment Matters

This judgment is significant for several reasons. Firstly, it highlights the urgent need for effective child protection mechanisms in India, particularly in light of rising incidents of violence against children. The Supreme Court's directives serve as a wake-up call for State Governments to prioritize child welfare and ensure compliance with existing laws.

Secondly, the Court's insistence on stakeholder involvement in the formulation of child protection policies is a positive step towards creating a more inclusive and effective framework. By inviting feedback from various stakeholders, including child rights advocates and experts, the Court is fostering a collaborative approach to child welfare.

Finally, the judgment reinforces the importance of accountability in the implementation of child protection laws. By setting clear timelines and expectations for State Governments, the Court is ensuring that child welfare is not sidelined in bureaucratic processes.

Final Outcome

The Supreme Court has ordered that the matter be listed again in the second week of January 2019, with the expectation that all relevant reports and affidavits will be submitted in advance to the learned Amicus Curiae. This ongoing oversight by the Court is crucial in ensuring that the directives are implemented effectively and that the rights of children are upheld.

Case Details

• Citation: 2018 INSC 1110
• Court: In The Supreme Court Of India
• Bench: MADAN B. LOKUR, J. & S. ABDUL NAZEER, J. & DEEPAK GUPTA, J.
• Date of Judgment: November 27, 2018