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2018 DIGILAW 600 (JHR)

Bachpan Bachao Andolan v. State of Jharkhand

2018-03-14

APARESH KUMAR SINGH, RATNAKER BHENGRA

body2018
ORDER : 1. The Respondent Department of Child, Women and Social Security has filed a comprehensive affidavit on 13.03.2018 pursuant to the directions passed by this Court on the previous dates, specifically the orders dated 12.12.2017 and 14.02.2018. The affidavit encloses the comprehensive training modules which have been finalized for different Units from Village Level up to the level of Juvenile Justice Board/Child Welfare Committees, etc. working in the district. We would summarize the progress made in that regard herein-after: The Respondent Department has prepared the following modules/Manuals/Standard Operating Procedures for strategic intervention and further rollout through multiple delivery structures given in Integrated Child Protection Schemes. I. Training Module for the capacity building of 12 days training of Child Welfare Committee (CWC) (Annexure-1). II. Training Module for 12 days training of Juvenile Justice Board (JJB) (Annexure-2). III. Training Module for 12 days training of Special Juvenile Police Unit (SJPU) (Annexure-3). IV. Training Module for 12 days training of District Child Protection Unit (DCPU) (Annexure-4) V. Training Module for 12 days training of functionaries of Child Care Institutions (Annexure-5). VI. Training Module for 1 day training of Village Level Child Protection Committee (VLCPC) (Annexure-6). VII. Standard Operating Procedures for effective implementation of Prohibition of Child Marriage Act (Annexure-7). VIII. Standard Operating Procedures for rescue, restoration and rehabilitation of trafficked survivors. (Annexure-8). 2. It has been conveyed that through these Manuals/Modules, the training and the capacity building of multiple stakeholders will be organized at each level i.e. Village Level Protection Committee (VLCPC), Child Welfare Committees (CWC), Juvenile Justice Board (JJB), Special Juvenile Police Unit (SJPU), Child Care Institutions (CCI) and District Child Protection Unit (DCPU). 3. The Department has, under the Integrated Child Protection Scheme, finalized the Foster Care and Sponsorship guidelines and Hindi Translation of the same has also been prepared and sent to the Department of Personnel, Administrative Reforms and Rajbhasha for approval of Hindi translated version. The same is awaiting Cabinet approval. 4. The Jharkhand State Child Protection Society has duly communicated to all the District Child Protection Officers (DCPO) to carry out an intensive drive to identify the foster families for foster care. Approval of the foster care and sponsorship guidelines are awaiting Cabinet approval, but in the meantime, the groundwork for enforcing the spirit of such guidelines has already started. 4. The Jharkhand State Child Protection Society has duly communicated to all the District Child Protection Officers (DCPO) to carry out an intensive drive to identify the foster families for foster care. Approval of the foster care and sponsorship guidelines are awaiting Cabinet approval, but in the meantime, the groundwork for enforcing the spirit of such guidelines has already started. Jharkhand Juvenile Justice Rules, 2017 has been successfully translated in Nagpuri Tribal language to spread awareness and bring attitudinal changes on child protection issues for encouraging the number of foster families, increasing the rate of adoption, increasing the number of fit persons, discouraging human trafficking, etc. 5. While preparing the training module for VLCPC, a comprehensive training sessions for them have been organized in 50 villages of Latehar district in collaboration with UNICEF. Feedback on the same has been gathered for the meaningful content analysis to provide objectivity and predictability to achieve the desired result. 6. Director cum Member Secretary, I.C.P.S. Mr. Rajesh Singh has been present on behalf of the Department to assist the Court. He has also explained the approach of the Department in addressing the issues of child trafficking with more focus to the areas and districts where it is more prevalent. He has also shared the issues relating to implementation of these intervention strategies up to the grass root level at the villages. 7. We understand that the task undertaken by the State through the Respondent Department, is huge and enormous as it intends to address the issues right from the genesis at the grass root level. Units have been prepared from the Village Level up to the District Level with true intent to ensure the protection of Child Rights and create an atmosphere that any individual child of the State is not subjected to abuse, manual labour or child trafficking, etc. We would endeavor to point out here that apart from the immediate focus apparent from the stand of the Department to address the issues relating to Child Trafficking and abuse, the Department has to work progressively on the intervention strategies for prevention and re-integration at a much larger level. The object is not only to prevent the trafficking and abuse of children, but to ensure entitlement of the rights of the child. In this regard, different Modules and Standard Operating Procedures (SOP) have been prepared by the Department. The object is not only to prevent the trafficking and abuse of children, but to ensure entitlement of the rights of the child. In this regard, different Modules and Standard Operating Procedures (SOP) have been prepared by the Department. Target groups of these Modules have to be trained properly. Department has to lay down reasonable deadline, by which time, such training can be imparted through proper agencies to the Units starting from Village Level Child Protection Committee up to the District Level Committees such as, District Child Protection Unit, Special Juvenile Police Unit, Child Care Institutions, etc. Since these Units have been constituted from the representatives not only of different Departments of the State and District Level Authorities, but also Non-Governmental Organizations (NGOs), representatives of ‘Bal Samuh’ and Civil Society, it is another huge ask to ensure that these Units meet at regular intervals, as prescribed under the Modules and Standard Operating Procedures meant for them and take stock of the duties and responsibilities entrusted to them and also review the progress in the process. 8. It is equally important that the inputs and the data gathered at different levels through these Units starting from VLCPC up to the District Level, are collated through structured mechanism up to the level of the headquarter of the Respondent Department, so that meaningful content analysis can be done to provide objectivity to achieve desired results and also to focus on areas which need more concern. The present affidavit falls short of addressing these issues. 9. We are conscious that such a comprehensive exercise may not yield immediate results, but if it is undertaken with serious intent and purpose, results are bound to come after sometime. These would go a long way in addressing the issue of child rights within the State and ensuring entitlement of various welfare schemes intended to protect the vulnerable children group in the State. This would also go a long way in reducing the trend of child trafficking from the State in future. 10. We may only point out at this stage that statutory regime under a number of Acts enacted by the Parliament and the State recognizes the rights and entitlement of a child. This would also go a long way in reducing the trend of child trafficking from the State in future. 10. We may only point out at this stage that statutory regime under a number of Acts enacted by the Parliament and the State recognizes the rights and entitlement of a child. Reference can easily be made to Juvenile Justice (Care and Protection of Children) Act, 2015, Rights of Children to Free and Compulsory Education, 2009, Child Labour (Prevention and Regulation) Act, 1986, Protection of Child from Sexual offences Act, 2012, Commission for Protection of Child Rights Act, 2005, etc. We have made reference to the statutory regime with a purpose as each of these Acts lay down statutory responsibility on the authorities and other agencies including the individual to ensure that the rights of child, who is voiceless and perhaps cannot on his own enforce his rights, are protected and realized. 11. Learned counsel for the petitioner Mr. Chhabra has assisted the Court in the matter on various aspects which have also been mentioned in the foregoing paragraphs and is also of the view that these are steps in the right direction towards ensuring protection and entitlement of child rights within the State. The Respondent Department together with other stakeholders is expected to come forth with specific inputs and progress made in that regard, also taking into account the concerns expressed by the Court. Let the progress report be filed on the part of the State before the next date. 12. Let the matter be listed on 16.05.2018 as unfixed case. 13. Let a copy of the order be handed over to the learned counsel for the State. Ordered accordingly.