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2021 DIGILAW 213 (TRI)

Court on its Own Motion v. State of Tripura

2021-12-07

INDRAJIT MAHANTY, S.G.CHATTOPADHYAY

body2021
ORDER : 1. The present writ petition has been registered by this Court suo-motu in view of the directions dated 9th February 2018 passed by the Hon’ble Supreme Court of India in W.P. (Civil) No. 473/2005 in case of Sampurna Behura vs. Union of India and Others. The State-respondents had been directed to file their compliance reports in terms of directions issued by Hon’ble Supreme Court in the judgment referred hereinabove and in particular, Para-95 thereon. 2. This Court had on several occasions dealt with the issue and several affidavits had come to be filed, last of which filed before this Court is dated 27th September 2021. The said affidavit has been sworn in by the Deputy Secretary to the Government of Tripura in the Social Welfare and Social Education Department and the directions issued by the Hon’ble Apex Court and the action taken thereon has been noted in the said affidavit in a fair amount of detail: S. No. Directions Action taken 1. The Ministry of Women and Child Development in the Government of India and the State Government should ensure that all positions in the NCPCR and the SCPCRs are filled up well in time and adequate staff is provided to these statutory bodies so that they can function effectively and meaningfully for the benefit of the Children. All positions of the “Tripura Commission for Protection of Child Rights” in short form TCPCR had been filled up (one Chairperson and 6 (six) Members) and adequate staff have already been provided. A copy of the Notification Vide No. 87(1-306)-CW/DSWE/2017/2103(9) dated 05.07.2021 is enclosed herewith and marked as Annexure-R/1. 2. The NCPCR and the SCPCRs should take their duties, functions and responsibilities with great earnestness keeping in mind the faith reposed in them by Parliament. A position in these statutory institutions is not a sinecure. These bodies have a very significant and proactive role to play in improving the lives of children across the country. Noted for compliance. Copy of the judgment & order dated 09.02.2018 of the Hon’ble Supreme Court of India passed in Writ Petition (Civil) No. 473 of 2005 [Sampurna Behura vs. Union of India and Others] has been sent to the Tripura Commission for Protection of Child Rights for earnest compliance and complying the directions being followed. 3. Noted for compliance. Copy of the judgment & order dated 09.02.2018 of the Hon’ble Supreme Court of India passed in Writ Petition (Civil) No. 473 of 2005 [Sampurna Behura vs. Union of India and Others] has been sent to the Tripura Commission for Protection of Child Rights for earnest compliance and complying the directions being followed. 3. The State level Child Protection Societies and the District level Child Protection Units have an enormous responsibility in ensuring that the J.J. Act is effectively implemented and Child Care Institutions are managed and maintained in a manner that is conducive to the wellbeing of children in all respects including nutrition, education, medical benefits, skill development and general living conditions. These two bodies would be well advised to take the assistance of NGOs and civil society to ensure that the J.J. Act serves the purpose for which it is enacted by Parliament. Noted for compliance. The orders of the Hon’ble Supreme Court of India have been communicated to TCPCR and DCPUs for compliance. The State Level Child Protection Society (SCPS), Tripura and District Child Protection Units (DCPUs) in all 8 districts are functioning effectively. Child Care Institutions (CCIs) are managed and maintained following the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 and Juvenile Justice (Care and Protection of Children) Model Rules, 2016. All housed children are provided nutrition, education, medical benefits, and skill development Members from NGO and Civil Society incorporated in the State Child Protection Society and District Child Protection Units. 4. The State Governments must ensure that all positions in the JJBs and CWCs are filled up expeditiously and in accordance with the Model Rules or the Rules framed by the State Government. Any delay in filling up the positions might adversely impact on children and this should be avoided. All positions of the Juvenile Justice Board in 8 Districts of the State have already been filled up in accordance with the Juvenile Justice (Care and Protection of Children) Model Rule 2016. The Board is headed by a Principal Magistrate from Judicial Magistrate, 1st Class and 2 (two) Social Worker Members. The Social Worker Members appointed by the State Government on the recommendation of the Selection Committee constituted in accordance with the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. There is no vacancy in the Juvenile Justice Boards. The Board is headed by a Principal Magistrate from Judicial Magistrate, 1st Class and 2 (two) Social Worker Members. The Social Worker Members appointed by the State Government on the recommendation of the Selection Committee constituted in accordance with the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. There is no vacancy in the Juvenile Justice Boards. Copies of the Notification Vided No. F. 87(1-401)/ CW/DSWE/2018/5015(28) dated, 05.01.2019, 87(1-401)/CW/DSWE/ 2018/725(5) dated 15.05.2019 and 87 (1-401)/CW/DSWE/2020/4788(160) dated 01.02.2021, for appointment of Social Worker Member of JJB are enclosed herewith. All positions of the Child Welfare Committee in 8(eight) Districts of the State have already been filled up in accordance with the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. The Chairperson and Members of the Child Welfare Committees of 8(eight) district are appointed by the State Government on the recommendation of the Selection Committee constituted in accordance with the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. There is no vacancy in the Child Welfare Committees. Copies of the notification 87(1-401)/CW/DSWE/ 2018/5016(43) dated, 05.01.2019 and 87(1-401)/CW/DSWE/2020/4784(16) dated 01.02.2021, for appointment of Chairperson and Members of the Child Welfare Committee are enclosed herewith. Earlier Selection Committee vide Notification No. F.87(1-306)- CW/DSWE/2017/1159(18), dated 05. 04.2017 tenure is covered and new committee is duly constituted vide Notification No. F.87(1-306)- CW/DSWE/2017/2013(9), dated 21-08-2020 for a period of 3(three) years. A copy of Notification is enclosed herewith and marked as Annexure-R/2. 5. The JJBs and CWCs must appreciate that it is necessary to have sittings on a regular basis so that a minimum number of inquiries are pending at any given point of time and justice is given to all juveniles in conflict with law and social justice to children in need of care and protection. This is a constitutional obligation. Noted for compliance. The Juvenile Justice Boards and CWCs are sitting on regular basis, as per need. 6. The NCPCR and the SCPCRs must carry out time-bound studies on various issues, as deemed appropriate, under the J.J. Act based on these studies, the State Governments and the Union Territories must take remedial steps. TCPCR has been requested to undertake such studies. 7. In particular the NCPCR and the SCPCRs must carry out a study for estimating the number of Probation Officers required for the effective implementation of the J.J. Act. TCPCR has been requested to undertake such studies. 7. In particular the NCPCR and the SCPCRs must carry out a study for estimating the number of Probation Officers required for the effective implementation of the J.J. Act. based on this study, the State Government must appoint the necessary number of Probation Officers. It must be emphasized that the role of a Probation Officer is critical for the rehabilitation and social reintegration of a juvenile in conflict with law and due importance must be given to their duties as postulated in the Model Rules and Rules, if any framed by the State Governments and the Union Territories. Recruitment for 220 posts under various category through outsourcing under Mission Vatsylaya (Erstwhile CPS) including Probation Officer is under Process. 8. The MWCD must continue to make creative use of information and communication technology not only for the purpose of collecting data and information but also for other issues connected with the J.J. Act such as having a database of missing children, trafficked children and for follow up of adoption cases etc. With the utilization of technology to the fullest extent, administrative efficiency will improve considerably, which in turn will have a positive impact on the lives of children. Related to the Ministry of Women and Child Development (MWCD). 9. It is important for the police to appreciate their role as the first responder on issues pertaining to offences allegedly committed by children as well as offences allegedly committed by children as well as offences committed against children. There is therefore a need to set up meaningful Special Juvenile Police Units and appoint Child Welfare Police Officers in terms of the J.J. Act at the earliest and not only on paper. In this context, it is necessary to clearly identify the duties and responsibilities of such Units and Officers and wherever necessary, guidance from the available expertise, either the National Police Academy the Bureau of Police Research and Development or NGO must be taken for the benefit of children. Noted for compliance. The order of the Hon’ble Supreme Court has been conveyed to Home Department for compliance. The Special Juvenile Police Units in short form SJPU have already been set up by the Police Department of the State in State Level, District Level, Sub-Division level, Police Stations level and Govt. Noted for compliance. The order of the Hon’ble Supreme Court has been conveyed to Home Department for compliance. The Special Juvenile Police Units in short form SJPU have already been set up by the Police Department of the State in State Level, District Level, Sub-Division level, Police Stations level and Govt. Railway Police Stations of the (GRPs) Level and details number of SJPUs are shown below: S. No. Set up of SJPUs No. of SJPUs 1. State level 1 2. District level 8 3. GRP District level 1 4. Sub-Division Level 27 5. Police Station level 77 6. Govt. Railway Police Station level 5 Total 119 The Police Department is organizing training for constable and sub-Inspector as per Bureau of Police Research and Development Training manuals. Training for TPS Officers are (in the rank of Deputy Superintendent of Police) is being arranged outside the State. 122 Child Welfare Police Officers are functioning in the State as intimated by the Police Department. Total 192 Police Officers were trained in the State and District Level Workshop on anti-human trafficking in which training manual of Juvenile matters and Juvenile Justice (Care and Protection of Children) Act were included. All the Child Welfare Police Officers has not been provided training till now. To ensure training of all Child Welfare Police Officers in time bound manner District wise training has been planned. Training will be conducted as soon as COVID-19 situation is improved. 10. The National Police Academy and State Police Academies consider including child rights as a part of their curriculum on a regular basis and not as an isolated or sporadic event. The KTDS Police Training Academy, Tripura, Narsingarh has incorporated training on Juvenile Justice (Care and Protection of Children) Act, 2015 and Child Rights in the curriculum for training of Police Officers particularly the Officers of Special Juvenile Police Units and Child Welfare Officers as intimated by the Police Department. 11. The management of Child Care Institutions is extremely important and State Governments and Union Territories would be well advised to ensure that all such institutions are registered so that children can live a dignified life in these Institutions and issues of missing children and trafficking are also addressed. Noted for compliance. There are 40 nos. of children’s Home including other Child Care Institutions all have been registered under J.J. Act. 12. Noted for compliance. There are 40 nos. of children’s Home including other Child Care Institutions all have been registered under J.J. Act. 12. State Governments and Union Territories would be well advised to appoint eminent persons from civil society as Visitors to monitor and supervise the Child Care Institutions in all the districts. This will ensure that the management and maintenance of these Institutions are addressed. We have no doubt that the State Legal Service Authorities and the District Legal Service Authorities will extend full assistance and cooperation to the Government authorities in this venture as well as to the Visitors. Noted for compliance. District Level Inspection Committee has been constituted vide Notification No. F.87 (1-322)-CW/DSWE/2017/ 3238(42) dated 18.07.2017 wherein there is a provision of one Member of the Civil Society working in the area of Child rights, care, Protection and welfare to be nominated by the Chairperson for inspection of all Child Care Institutions. The CWCs, JJBs and Hon’ble District Judges/Add. District Judges are visiting the Child Care Institution in all Districts regularly. 13. The J.J. Fund is a bit of an embarrassment with an absence of an effective response from the welfare of the children we shudder to think what could be better utilization of the funds. Juvenile Justice Fund has already been created in the State, by the State fund for the welfare of Children and time to time fund allotted and expenditure incurred are given below: (Rs. in lakh) Year Fund allotted Expenditure incurred 2013-14 1.00 1.00 2014-15 5.00 5.00 2015-16 20.00 20.00 2016-17 50.00 50.00 2017-18 44.70 44.70 2018-19 37.00 37.00 2019-20 40.00 15.67 2020-21 40.00 43.07 2021-22 18.00 23.04 (up to 18.08.2021) Total 255.70 239.48 Balance Rs. 16.22 lakh. Total 160 nos. children were given benefits from the J.J. Fund ( up to 31.03-2020) In addition: (i) Provided J.J. Fund 36 nos. Children Homes run by Govt. and NGO for Sanitization of Homes and purchase of various articles to fight against 2nd wave of COVID-19 pandemic situation. (ii) Additional fund for Sponsorship and Foster Care provided from J.J. Fund to DISE, West Tripura and Sepahijala District and also additional fund provided to D.M. West Tripura for structural up gradation of Jawahar Lal Nehru Balika Niwas run by NGO. 14. NALSA has done a remarkable job in collecting data and information relating to the J.J. Act as evidenced by the three-part Report prepared by it. 14. NALSA has done a remarkable job in collecting data and information relating to the J.J. Act as evidenced by the three-part Report prepared by it. We request NALSA to carry forward the exercise and complete a similar Report preferably before 30th April, 2018 to assist all the policy making and decision taking authorities to plan out their affairs. Not related to the Respondent herein. 15. The importance of training cannot be over-emphasized. It is vital for understanding and appreciating child rights and for the effective implementation of the J.J. Act. All authorities such as JJBs and CWCs, Probation Officers, members of the Child Protection Societies and District Child Protection Units, Special Juvenile Police Units, Child Welfare Police Officers and managerial staff of Child Care Institutions must be sensitized and given adequate training relating to their position. A very positive step has been taken in this regard by NALSA and we expect the NCPCR with the assistance of the SCPCRs to carry forward this initiative so that there is meaningful implementation of the J.J. Act. Noted for compliance. The training programme as required by the J.J. Act have been organized by this Department involving the State Legal Services Authority, Tripura, Judicial Academy for Members of JJBs and CWCs, Legal-Cum-Probation Officers and staff members of State Child Protection Society, District Child Protection Units, JJBs, CWCs and CCIs. In pandemic COVID-19 Situation, arranged 4(Four) nos. on line training programme organized by the NIPCCD, Guwahati during the year. 2020-21 for Chairpersons & Members of CWCs, Social Worker Member of JJBs, In-charge of CCIs, Empanelled Social Worker and functionaries of CCI for various matter related to Child Care & Protection. Online induction training for newly reconstituted chairperson and Members of CWCs and Social Worker Member of JJBs are scheduled on 25th and 26th August, 2021 and 8th and 9th September, 2021 respectively. 3. Prima-facie we are satisfied that the State of Tripura has complied with the directions of the Hon’ble Apex Court. However, since the Hon’ble Apex Court has also directed continuing supervision of Juvenile Justice Board, it appears that in Para 11 above, 40 nos. 3. Prima-facie we are satisfied that the State of Tripura has complied with the directions of the Hon’ble Apex Court. However, since the Hon’ble Apex Court has also directed continuing supervision of Juvenile Justice Board, it appears that in Para 11 above, 40 nos. of Children’s Home have been registered as Child Care Institutions and have been registered under Juvenile Justice Act, we direct that copy of this order be sent to Secretaries of all District Legal Services Authority who shall in their regular work go and visit such Childen’s Homes and as well as to take into account the various points and directives issued by the Hon’ble Apex Court noted hereinabove and submit reports with the Member Secretary, Tripura State Legal Services Authority in every 3(three) months. In particular, they are requested to highlight issues, if any that may come to their notice for necessary directions and or rectification. 4. In view of the aforesaid directions, the present writ petition is closed and shall be revived in the event any adverse report is received from the Member Secretary, Tripura State Legal Services Authority from time to time. 5. This Court also takes into note about further directions issued by the Hon’ble Apex Court to the effect that each of the Court premises should have child friendly courts and vulnerable witness courts and in this regard, we direct all the District Judges concerned to ensure that child friendly courts are made operational and also made available for vulnerable witnesses. If any additional amenities are required for such purposes, they shall be called upon to send the requisitions and suggestions to the Registry of this Court for making necessary funds available. 6. Pending applications, if any, also stands disposed of.