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2015 DIGILAW 623 (SC)

Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India

2015-04-17

MADAN B.LOKUR, UDAY UMESH LALIT

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ORDER On the last date of hearing, that is, 20th March, 2015, we had required the learned Additional Solicitor General to place before us the reports of the social audit, if any, conducted by the Ministry of Women and Child Development, Government of India under Rule 64 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (for short "the Rules") for the last two years. 2. Learned Additional Solicitor General informs us that not even a single social audit has been conducted so far. We are extremely shocked at this disclosure made today by the learned Additional Solicitor General. 3. The Rules came into operation some time in 2007 and what is stated before us is that not even a single social audit has been conducted in the last seven years. 4. Rule 64 of the Rules postulates that the Central Government or the State Government shall monitor and evaluate the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act") on an annual basis. This requires a review of matters concerning: (i) establishment of the Juvenile Justice Boards; (ii) establishment of the Child Welfare Committees; (iii) establishment of the Special Juvenile Police Unit; (iv) functioning of child care institutions; and (v) functioning of adoption agencies. 5. In other words, for the last seven years or so, none of these matters, which are required by Rule 64 of the Rules, have been subjected to a social audit. It is quite clear, therefore, that the Rules framed by the Central Government are not being implemented by the Central Government itself. 6. Learned Additional Solicitor General has drawn our attention to the revised Integrated Child Protection Scheme (ICPS). This Scheme is certainly not in lieu of the requirements of Rule 64 of the Rules and this is not disputed by learned Additional Solicitor General. 7. We are informed by him that Paragraph 6 of the Scheme relates to monitoring and a Project Approval Board has been constituted in the Ministry of Women and Child Development to scrutinize and approve implementation plans, annual plans and financial proposals from States and Union Territories and other organizations for release of grants under the Scheme. 8. Sub-paragraph (iv) of Paragraph 6.2 of the Scheme relates to concurrent monitoring through a social audit. 8. Sub-paragraph (iv) of Paragraph 6.2 of the Scheme relates to concurrent monitoring through a social audit. This requires that the Ministry of Women and Child Development may depute experts/external agencies in the area of child protection to visit States/Union Territories periodically to oversee the implementation of the Scheme. The experts are also required to visit child care institutions and non-institutional care programmes being implemented under the Scheme in the States and Union Territories. 9. We are told that not a single concurrent audit has been carried out and in fact there is nothing to indicate that any expert or external agency has been associated for the purpose of this monitoring. 10. Learned Additional Solicitor General assures us that on or before the next date of hearing, an affidavit will be filed by the Secretary in the Ministry of Women and Child Development personally indicating: (i) the monitoring mechanism proposed under the ICPS, and (ii) the methodology that will be required for carrying out the concurrent monitoring audit under the ICPS. He also assures us that the affidavit will state how the social audit postulated under Rule 64 of the Rules is proposed to be carried out. 11. In our opinion, the time frame for the audit under the ICPS as well as the social audit under Rule 64 of the Rules should also be indicated through an affidavit. 12. In our order dated 20th March, 2015, we had also required the learned Additional Solicitor General to give us a chart indicating the actual head-wise utilization of the amounts disbursed to the State Governments under the ICPS over the last two years. 13. A chart has been handed over to us in Court today and we have gone through it. We are surprised to see that in many of the States the amount has been under-utilized. 14. The details of the utilization have not been indicated in the sense that there is nothing to suggest that the accounts have been audited and whether the utilization has been for the purpose for which it was meant. In other words, it appears to us that the figures do not necessarily reflect the state of affairs at the grass-root level. 15. In other words, it appears to us that the figures do not necessarily reflect the state of affairs at the grass-root level. 15. Learned Additional Solicitor General should tell us on affidavit to be filed by the Secretary in the Ministry of Women and Child Development whether: (i) any audit has been conducted in respect of the amounts released under the ICPS over the last two years; (ii) whether any discrepancy has been found during the audit; (iii) whether steps have been taken to reconcile those discrepancies, if any, and (iv) whether the amounts disbursed have actually been utilized for the purpose for which they were earmarked. 16. Learned Additional Solicitor General was also required to furnish a chart indicating the number of appointments made of the various staff/officers postulated under the ICPS. A chart has been furnished but on certain questions being asked we are not able to get proper answers/details. 17. At the end of the day, we are left with the feeling that the Ministry of Women and Child Development is not taking the matter seriously enough. Therefore, we direct the Secretary in the Ministry of Women and Child Development, Government of India to remain present in the Court on the next date of hearing so that questions that are put to the learned Additional Solicitor General are answered with some certainty, clarity and precision. 18. It has been brought to our notice by learned amicus curiae that in respect of the reactions to the submissions filed by her, particularly with regard to pages 44 to 50, she has been informed that the suggestions are based on statutory requirements. We interpret this to mean that the statute requires the respondents to carry out these activities, but in spite of that they are not adhering to the statute itself. This is really a very sorry state of affairs. 19. The affidavit be filed by the Secretary in the Ministry of Women and Child Development indicating the response to what we have mentioned above within ten days from today. An advance copy of the affidavit may be given to learned amicus curiae at least two days in advance before the next date of hearing. 20. 19. The affidavit be filed by the Secretary in the Ministry of Women and Child Development indicating the response to what we have mentioned above within ten days from today. An advance copy of the affidavit may be given to learned amicus curiae at least two days in advance before the next date of hearing. 20. List the matter on 1st May, 2015 on which date, as mentioned above, the Secretary in the Ministry of Women and Child Development should remain present in the Court with official records so that he is able to answer our questions. 21. Since the Secretary in the Ministry of Women and Child Development has been appointed as a nodal officer by us, there is no requirement for learned counsel for the States/Union Territories to remain present in Court and their presence is accordingly dispensed with, at least for the time being.