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2017 DIGILAW 1450 (GAU)

In re. State of Assam v. .

2017-11-16

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT : AJIT SINGH, J. 1. Ms. R.S. Chowdhury, learned amicus curiae, assisted by Ms. G. Das and Mr. M.R Hazarika, learned counsel. Mr. R. Dhar, learned Additional Senior Government Advocate, Assam and Mr. S.R Bhattacharjee, learned standing counsel for Education Department for the respondents. 2. On 13.1.2013, a news article was published in the local daily, “The Sentinel” relating to the conditions of juveniles in conflict with law, who were neglected and needed care and protection. According to the said news report, the juveniles in conflict with law were tortured in police custody and the juvenile justice system is in pitiable condition in the State of Assam. It was reported that Observation Homes are functioning only in Kamrup, Nagaon and Jorhat districts whereas no Observation Homes are there in trafficking prone districts, i.e., Dhubri, Kokrajhar, Baksa, Chirang and Bongaigaon. The report also alleged that the Child Welfare Committees set up in the districts of Assam remained largely non-functional. Consequent to the said news report, PIL (suo motu) No. 18/2013 was registered. 3. Again, on 30.4.2013, the National NGO Child Rights Coalition and All Assam Forum for Child Rights submitted one letter to this court pursuant to a meeting dated 27.4.2013 of concerned individuals and organisations, who had discussed the issues pertaining to the children. The core issues discussed in the said meeting were regarding sexual assaults and even murder or attempt to murder of children in the State of Assam. In the said letter, some suggestions were forwarded regarding prevention of sexual harassment to children. Amongst them, setting up of Special Courts for speedy trial of those accused of sexual offences against children, setting up of Special Juvenile Police Units in all the districts in a phased manner, protection measures for female domestic helpers, capacity building at all levels and educating children how to protect themselves from sexual assault, etc., were suggested. The said letter was also registered as PIL (Suo-Motu) No. 43/2013. 4. The said letter was also registered as PIL (Suo-Motu) No. 43/2013. 4. Besides, another public interest litigation, i.e., PIL No. 46/2013 was registered on the petition submitted by the Bachpan Bachao Andolan for directing the respondent-authorities to implement the provisions under articles 21, 21A, 23, 24 of the Constitution of India and Juvenile Justice Act (Care and Protection of Children) Act, 2000 as amended and the Rules, 2011, The Bonded Labour System (Abolition) Act, 1976, Protection of Children from Sexual Offences Act, 2012 and Child Labour (Prohibition and Regulation) Act, 1986. It was also prayed that the first information reports of the victims of abduction and trafficking may be registered and proper enquiry should be initiated and the institutions, like the State Commission for Protection of Child Rights as well as Child Welfare Committees, District Child Protection Units, Children's Court and other institutions may be directed to function properly. 5. All these PILs were clubbed together and since the issues were same, this court vide order dated 5.2.2014 disposed of two PILs, i.e., PIL No. 46/2013 and PIL (Suo-Moto) No. 18/2013, keeping alive only one PIL, i.e., PIL (Suo-Motu) No. 43/2013. Liberty was also granted to all the learned counsel appearing in those disposed of cases to make their submissions in PIL (Suo-Motu) No. 43/2013. 6. The respondent-authorities entered into appearance and filed their respective affidavits-in-opposition. We have duly considered their respective pleas. We have also taken note of the submissions made by Mrs. R.S. Chowdhury, amicus curiae. She took us to the following 4 aspects formulated by her which required immediate attention to dispose of the PIL effectively: (i) Two districts, i.e., Kamrup (Metro) and Sonitpur have only 1 social female worker each and as such, there is a shortage of two male social workers in each district; (ii) Although it has been contended that the Homes in Guwahati can cater the need of other districts, however, considering length and breadth of the State of Assam, this may not always be practically feasible; (iii) The report may be called for, with regard to the status of construction work of the 3 new Special Homes which were being constructed in the districts of Jorhat, Lakhimpur and Tinsukia; and (iv) Status report was also desirable from the 21 NGOs which have been designated as Children Home. 7. 7. Accordingly, a status report was called for vide order dated 31.8.2017 from the Director of Social Welfare Department, Government of Assam. In the said report, with regard to first aspect, it is stated that in the districts of Kamrup (Metro) and Sonitpur, State Child Protection Society has authorised the Deputy Commissioners to engage two social workers under District Child Protection Unit through District Level Selection Procedure. In fact, all the Deputy Commissioners have been authorised as such by the State Child Protection Society. Accordingly, social workers were engaged in all the erstwhile districts of Assam including Kamrup (Metro) and Sonitpur. In Kamrup (Metro) the female and male social workers are working since 1.8.2014 and 19.8.2014, respectively. Accordingly, in the district of Sonitpur, social workers are working since 3.2.2017. 8. For second aspect, it is also reported that at present there are 10 government run Child Care Institutions out of which, 5 are observation homes, 1 is place of safety and 4 are children homes registered and getting government grants-in-aid and there are 19 specialised Adoption Agencies. Besides, the State Child Protection Society has registered 99 NGO run Child Care Institutions in Assam which are scattered across the state of Assam. Out of those 99 Child Care Institutions, 49 are getting grants-in-aid for catering services to the children in need of care and protection and others are not getting grants-in-aid. But, those are recognised to keep children in need of care and protection. 9. For the third aspect, i.e., construction of 3 Special Homes in Jorhat, Lakhimpur and Tinsukia is concerned, it is reported that there is no proposal from the State Child Protection Society for construction of Special Homes in the districts of Tinsukia and Lakhimpur. However, construction of Special Homes in Jorhat is under process. But we find from the affidavit-in-opposition filed by the Deputy Secretary to the Government of Assam, Social Welfare Department, that the Ministry of Women and Child Development, Government of India has agreed and even sanctioned budget for starting construction of 3 new Special Homes/Correctional Homes in Jorhat, and observation homes in Lakhimpur as well as a children home in Tinsukia. We accordingly direct the State Government to ensure construction of special homes at Lakhimpur and Tinsukia also without further delay. 10. We accordingly direct the State Government to ensure construction of special homes at Lakhimpur and Tinsukia also without further delay. 10. As regards the fourth aspect, though State Child Protection Society in the year 2012 selected 21 NGO run Child Care Institutions to serve the Children in need of care and protection under the Juvenile Justice Act, out of those 6 were derecognised due to non-maintenance of minimum care standard as per mandate of the Juvenile Justice Act and selected some new NGO run Child Care Institutions. At present 27 of NGO run Children Homes which are registered and those have been receiving grants-in-aid and are providing services as Children Homes, which are scattered in the State of Assam, catering the need of the children who are in need of care and protection. 11. It is, thus, seen that the State has taken effective steps for the welfare of juveniles in conflict with law. The State shall, however, ensure construction of special homes for the children in Tinsukia and Lakhimpur as directed above by us. 12. Before parting, we express our satisfaction to Mrs. R.S. Chowdhury, learned amicus curiae for her hard work and valuable assistance. With the said direction, the petition is accordingly finally disposed of.