Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.A. No. 2069/2018
IN
W.P.(C) No. No. 473/2005
SAMPURNA BEHRUA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
There are six issues that still require consideration in the
present petition:
1. Standard Operating Procedure (SOP) for children who are
victims of violence
We have been informed (and it has been recorded in our order
dated 08.10.2018) that the Ministry of Women and Child Development
is in the process of preparing / developing an SOP addressing the
problem of violence, sexual or otherwise. This is with reference
to children in Child Care Institutions and even other children who
may not necessarily be in Child Care Institutions.
Today, we are told by the learned ASG that the SOP is not
ready but in the meanwhile, an interim advisory has been issued to
all the State Governments / UTs giving the protocol to be followed.
Signature Not Verified
Digitally signed by
DEEPAK GUGLANI
Date: 2018.12.01
10:13:02 IST
Reason:
The learned Amicus says that she would like to look into the
advisory and make her comments because this information has been
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given today in the Court.
2. Report of the Study by the NCPCR
It is stated by the learned ASG that an interim report has
been submitted by the NCPCR. This has been shared with 10 State
Governments and sharing the report with 12 other States is in the
process. It is not clear whether the report is being shared with
the remaining State Governments and UTs.
It is pointed out by learned counsel for the NCPCR that some
of the States have not yet given the information with regard to
number of child care institutions registered under the Juvenile
Justice (Care and Protection) of Children Act, 2015. We expect the
State Governments to ensure that registration is complete and
information is passed with the NCPCR at least for the sake of
children who are living in the States concerned. This should be
done within two weeks.
3. Child Protection Policy
On 08.10.2018, we were informed that the Child Protection
Policy is on the anvil and it will take about two months or so.
Today, it is stated that the first draft will be ready in
December, 2018.
We reiterate what we have recorded on 08.10.2018 to the effect
that when the first draft is available, it should be circulated
widely and also be given to the learned Amicus so that suggestions
can be invited from all concerned.
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4. National Institution for benefit of Children
It is stated by the learned ASG that the matter has been
referred to the Department of Expenditure and tentatively the
National Institute for Public Cooperation and Child Development is
likely to be the institution that will need strengthening in terms
of the suggestion made in the order dated 08.10.2018.
5. Status Report with regard to Child Welfare Committees and
Juvenile Justice Boards
The learned ASG has handed over to us a status report in
compliance of the order dated 08.10.2018. We find that the status
report is incomplete in as much as information in respect of a
large number of States / UTs is valid till September, 2018.
It is also not clear from the status report whether Child
Welfare Committees are in existence in all the districts of the
States for which information is available till November, 2018. She
says that she will look into the matter and give the complete
status report and also take it up with the State Governments.
6. Study of Reports furnished by the States
It is stated that the State Governments have furnished reports
of the child care institutions pursuant to the meeting held on
18.09.2018. The State Governments have been asked to study the
reports and to intimate the follow up action on or before
30.11.2018.
List the matter in the second week of January, 2019.
It is pointed out by learned Amicus that even the Reports that
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were furnished subsequent to the meeting held on 18.09.2018 are
incomplete in some cases. The Ministry of Women and Child
Development should take it up with the States .
Any affidavit or status report proposed to be filed
should be handed over to the learned Amicus at least three days
in advance.
…....................J.
[MADAN B. LOKUR]
…....................J.
[S. ABDUL NAZEER]
…....................J.
[DEEPAK GUPTA]
NEW DELHI;
NOVEMBER 27, 2018.
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ITEM NO.5 COURT NO.2 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
M.A. No. 2069/2018 in W.P.(C) No. No. 473/2005
SAMPURNA BEHRUA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Date : 27-11-2018 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE S. ABDUL NAZEER
HON'BLE MR. JUSTICE DEEPAK GUPTA
Ms. Aparna Bhat, Advocate(A.C)
Ms. Shivangi Singh, Adv.
Mr. Tipoo Ningombam, Adv.
For Petitioner(s) By Courts Motion
Mr. Niraj Gupta, AOR
Mr. Anshu Gupta, Adv.
For Respondent(s) Ms. Pinky Anand, ASG
UOI Mr. Shailinder Saini, Adv.
Mr. S. wasim A. Qadri, Adv.
Mr. B.V. Balram Das, Adv.
Mr. Raj bahadur Yadav, Adv.
Ms. Snidha Mehra, Adv.
Mr. Chakitan Vikram Shekher Papta, Adv.
Mr. R. R. Rajesh, Adv.
Mr. Vikas Bansal, Adv.
Mr. G.S. Makker, AOR
Bihar Mr. Gopal Singh, Adv.
Mr. Manish Kumar, Adv.
AIIMS Mr. Sudhir Naagar, AOR
Mr. Binay Kumar Pandey, Adv.
TISS Ms. Vrinda Grover, Adv.
Mr. Soutik Banerjee, Adv.
NCPCR Dr. Anindita Pujari, AOR
Ms. Aarti Kumar, Adv.
Ms. Harsha Garg, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
List the matter in the second week of January, 2019.
Any affidavit or status report proposed to be filed should be
handed over to the learned Amicus at least three days in advance.
(MEENAKSHI KOHLI) (KAILASH CHANDER)
COURT MASTER ASSISTANT REGISTRAR
[Reportable signed order is placed on the file]
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