Assam: Gauhati High Court expects Dispur to roll out child protection policy immediately

Staff Reporter

Guwahati: The Gauhati High Court put on record its hope and trust that Dispur will take immediate steps to notify the Draft State Child Protection Policy and the Rules so that the purpose of the Juvenile Justice (Care and Protection of Children) Act, 2015, is achieved in the state.

The bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury put forth this observation in a public interest litigation case filed by Bachpan Bachao Andolan to force Assam to adopt child protection policy and rules (PIL/60/2019), with the linked cases (PIL(Suo Moto)/2/2023) and (PIL(Suo Moto)/1/2018), taken up suo moto by the Gauhati HC.

"We just put on record our hope and trust that the State Government, with all its resources and might, would take immediate steps so as to notify the Draft State Child Protection Policy as well as to notify the Rules so that the purpose of the Juvenile Justice (Care and Protection of Children) Act, 2015, is achieved in the State." the bench said during the hearing.

The Juvenile Justice (Care and Protection of Children) Model Rules, 2016 aim to provide care, protection, development, treatment, and social re-integration for children in need of care and protection or who are in conflict with the law.

Referring to the affidavit filed on September 12, 2024, D. Nath, senior government advocate, submitted that about one month more time will be consumed in settling and notifying the State Child Protection Policy and the Rules to be framed by the State would take some more time. He also submitted that the Draft Rules have also been shared with the counsel for the petitioner.

The court then stated, "We hope that in the absence of the State Child Protection Policy and the State Rules in place, the State would inform all the stakeholders that till the State Child Protection Policy and Rules are framed by the State, all the stakeholders shall follow the Draft Central Model Rules, 2016 proprio vigore.

There was also reference to a note from the Judicial Academy, Assam, indicating the various challenges were faced by the juvenile justice boards. The said note dated September 5, 2024, along with a compilation of the issues and challenges faced by the juvenile justice boards, should be circulated to the counsel for the appearing parties, the court said. However, the said note shall be taken up by the Court on the next date of listing.

Taking cognizance of the matter, the court directed that the state take steps for redressal of the various issues and challenges faced by the juvenile justice boards. P.P. Sarma, counsel for the petitioner, Bachpan Bachao Andolan, has submitted that they have received a Draft Policy from the state and necessary inputs would be provided to the state within a week.

The court went on to state, "We just put on record our hope and trust that the State Govt., with all its resources and might, would take immediate steps so as to notify the Draft State Child Protection Policy as well as to notify the Rules so that the purpose of the Juvenile Justice (Care and Protection of Children) Act, 2015, is achieved in the State."

The court listed the matter for the next hearing on November 5, 2024, subject to availability of the bench.

 Also Read: Assam: Gauhati High Court Miffed at State Government’s Delay in Notifying Child Protection Laws (sentinelassam.com)

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