Guwahati: The Gauhati High Court has directed the Assam government to notify the Draft Rules and Child Protection Policy by February 2025.
The Court has instructed the state to update it by February 25, 2025, on the status of the notification for the Draft Rules and Child Protection Policy, the filling of vacancies, and the progress of the social audit, including its tentative completion timeline.
“On the next date (February 25, 2025), the Court proposes to also take up the issues of infrastructure relating to the Juvenile Justice Boards functioning in the State of Assam as well as the condition of the Children Homes in the State of Assam,” noted the division bench comprising Justice Kalyan Rai Surana and Justice Arun Dev Choudhury.
The bench further stated, “The learned senior government advocate shall inform the Court about the status of the issuance of notification for the Draft Rules and Child Protection Policy, the filling of vacancies, as well as the status of the social audit and tentative time of completion of the said audit.”
The senior government advocate informed the Court that the Draft Child Protection Policy and the Draft Assam State Juvenile Justice Rules, 2024, had been submitted to the Cabinet portal and shared with the judicial, school education, and finance departments for their final opinions. Following this, the Child Protection Policy is expected to be presented before the Cabinet during its next session.
It was also submitted that efforts are being made to incorporate directives from paragraph-44(i) of the Supreme Court’s order dated August 20, 2024, in Suo Moto WP(C) 3/2023, into the Draft Juvenile Justice Rules. This directive requires states and Union Territories to implement Section 19(6) of the POCSO Act, 2012, and provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, to ensure the rehabilitation of child victims.
Acknowledging that the notification of the Rules and Child Protection Policy and the appointments following the closure of the selection process would take time, the High Court adjourned the matter until February 25, 2025.
The senior government advocate also suggested that, given the volume of pending cases before the Juvenile Justice Boards in Assam, the state might consider increasing the sittings of certain boards based on necessity.
The Court welcomed this proposal and remarked, “The government may explore the possibility of rescheduling the sittings of Juvenile Justice Boards in the State of Assam, wherever necessary, and forward it to the Court through the learned senior government advocate so as to enable the stakeholders to also examine it.”
Earlier, during the hearing of a PIL filed by the Delhi-based charitable trust Bachpan Bachao Andolan, the Assam government informed the High Court that the Child Protection Policy and Juvenile Justice Rules (Care and Protection of Children) were likely to be notified by the year-end.
Expressing optimism, the High Court directed the state government to submit a report confirming whether Juvenile Justice Boards (JJBs) have been constituted in every district of Assam and whether these boards comply with the Juvenile Justice (Care and Protection of Children) Act.
Additionally, the Court sought details on the tenure of the various members of the JJBs, indicating a continued focus on ensuring compliance and functionality of child protection mechanisms in the state.
Also Read: Gauhati HC grants probation benefit to convict, notes offence not heinous