Assam: Gauhati High Court Miffed at State Government’s Delay in Notifying Child Protection Laws

Staff Reporter

Guwahati: The Gauhati High Court expressed its displeasure at the Assam government over the delay in notifying the Draft Rules as well as the Draft Child Protection Policy. The HC sternly observed that this disclosed that the state government or its concerned officers do not have the will to give teeth to child protection laws like the Juvenile Justice (Care and Protection of Children) Act.

The observation was made by the division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury while conducting a hearing in the public interest litigation case (PIL/60/2019) filed by Bachpan Bachao Andolan and Sampurna Behura, with the suo moto linked case (PIL(Suo Moto)/2/2023). The PIL was filed seeking the state government to bring into force provisions of the Juvenile Justice (Care and Protection of Children) Act dealing with child protection laws in the state of Assam.

During the hearing, the bench referred to a note of the Secretary of the Government of Assam, Women and Child Development Department, which was placed before the court in respect of the order dated June 25, 2024, where it is seen that a vague comment was made to the effect that the government is in the process of consultation with various departments concerned, and once the process of consultation is over, the Rules will be sent to the Legislative Department for vetting.

Therefore, the Court directed the state government to file an affidavit by an authority not below the rank of Secretary to the Government of Assam, wherein the state authorities are to indicate about the process of consultation and explain what is such process; which are the departments that are to be consulted for the purpose of notifying the Draft Rules and Draft Child Protection Policy; the status of consultation which has taken place between June 25, 2024 and August 21, 2024; what is the estimate of the government about the time which they intend to consume before the Draft Rules and the Draft Child protection policy would be notified; as well as the estimated time that might be consumed in the Legislative Department before the actual notification is made.

The bench expressed its displeasure at the insensitivity of the various stake holders in giving their inputs so that the state could notify the draft Rules as well as the draft Child Protection Policy.

It was put on record that the instant writ proceeding is not an ‘adversarial litigation.’ The court pointed out that the purpose of the Juvenile Justice (Care and Protection of Children) Act is already contained in the Act. Therefore, the court stated that it expected more dynamism from the state government in notifying the Rules and Child Protection Policy.

The bench again expressed its hope and trust that the relevant directions contained in the order dated June 25, 2024, will be complied with at the earliest in the best interest of the children for whom the Act referred to above has been enacted. It was also hoped that the government was conscious of the fact that the present bench is monitoring the issues on the basis of various directions contained in the orders passed from time to time by the Supreme Court of India.

The order concluded with the direction that the affidavit, as directed above, shall be filed at least one day prior to the next date of listing, on September 13, 2024.

Also Read: Law to protect child domestic labourers in Assam (sentinelassam.com)

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