Gauhati High Court directs Dispur to file affidavit on children’s homes

 STAFF REPORTER

GUWAHATI: The Gauhati High Court on Tuesday directed the Assam government to file an affidavit by September 21 with information regarding the status of construction of children/ observation/ special homes in each district of the state of Assam and details of various homes operated by NGOs that are utilized by the state government.

The HC bench, comprising Justice Kalyan Rai Surana and Justice Arun Dev Chouhury, which was hearing the case pertaining to the infrastructure available for children appearing in POCSO courts in the state, allotted time to senior government advocate D. Nath till September 21 to file the affidavit and a detailed affidavit by October 5. Senior advocate Nath requested further time to file the affidavit and was allowed the same, as stated in the order dated August 24.

The state government has been directed to include in the affidavit information relating to how the homes are managed, which particular home is catering to the requirements of children in which particular district of the state, the updated status of construction of vulnerable witness deposition centres (district-wise), steps taken for filling up the posts of chairman and members of the Assam State Commission for Protection of Child Rights (ASPCR in short), and steps taken by the state for conducting social audits relating to appropriate monitoring and implementation of various laws relating to the protection of children.

It should be mentioned here that charitable organisations Bachpan Bachao Andolan and Sampurna Behura filed a PIL (60/2019) and a linked suo moto PIL (1/2018) pertaining to the lack of infrastructure in POCSO courts functioning in various districts of Assam.

The learned counsel for the petitioner, during the course of his submission, has suggested, “That the petitioner is willing to offer her service to the Government of Assam for sharing her expertise in the field of child rights, which would take care of the lack of experience of state government officials in the field of implementation of child protection laws in the state, if the state so desires.”

It is also suggested in the order that “The Court may appoint a committee consisting of the learned Senior Government Advocate, Officials of the Department of Women & Child Development, Assam, NGOs working in this field, as well as the petitioner or her representative, to visit various children/observations/special homes in the state and also to monitor the implementation of various child protection and/or child rights laws so as to ensure that the various directions contained in the case of Sampurna Behrua v. Union of India, (2018) 4 SCC 433 are complied with.”

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