Bombay High Court
Bachpan Bachao Andolan And Anr vs The State Of Maharashtra And Ors on 3 April, 2023
Bench: Nitin Jamdar, Abhay Ahuja
Vina Khadpe 1 1-PIL-108-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.108 OF 2021
Bachpan Bachao Andolan and anr ... Petitioners
Versus
The State of Maharashtra and ors ... Respondents
Mr. Bharat Gadhavi i/b. Mr. Tejesh Dande and Associates for the
Petitioners.
Mr. P.P. Kakade, Govt. Pleader a/w Smt. R.A. Salunke for
Respondent Nos.2, 4, 5 and 6 - State.
CORAM : NITIN JAMDAR AND
ABHAY AHUJA, JJ.
DATE : 03 APRIL 2023. P.C. :
1. The present Public Interest Litigation has been filed for the following prayers;
(a) This Hon'ble Court may be pleased to issue a writ/order in the nature of mandamus or any other writ directing the Respondents to implement the directions passed by the Hon'ble Supreme Court in Paragraph No.95 of its Judgment dated 9.02.2018 in Sampurna Behura Vs. Union of India & Ors. That is W.P.(C) No.473 of 2005.
(b) This Hon'ble Court may further be pleased to direct the Respondents to implement and effectively work upon the areas specifically mentioned in PART B- i.e. i. The tracking system for rehabilitation and ::: Uploaded on - 13/04/2023 ::: Downloaded on - 14/06/2023 01:20:23 ::: Vina Khadpe 2 1-PIL-108-2021.doc rehabilitation of Children in Conflict with law as well as Children in Need of Care and Protection, wherein it is mandatory to uphold Individual Care Plan, ii. To conduct Social Audit every year with the best possible method by which transparency and accountability in the management and functioning of Child Care Institutions and other bodies under the JJ Act and Model Rules shall be monitored and supervised.
iii. To develop protocols for reformation and rehabilitation of children as per 91(1)(iii) JJ Model rules 2016.
iv. To mandatorily prepare SIR (Social Investigation Report) and ICP (Individual Care Plan) of every child that is produced before JJB/CWC v. To file a status report with regard to the total number of children received family-based non- institutional care through Sponsorship Programmes Constitution of cadre of child welfare police officers.
vi. Constitution of High Level committee to review the pendency and rehabilitation of Children.
vii. To Come up with a robust child protection policy that is not effective only in letter but in spirit too.
viii. To formulate rules so tht all instances where any person/body/authority entrusted with a duty/function under the law fails to perform it, or performs it in negligent manner, they will be personally liable against departmental proceedings for dereliction of entrusted duty; ix. To direct all other agencies to submit the status report with regard to trafficking of children for domestic work, labour and commercial sexual exploitation, including Investigation, ::: Uploaded on - 13/04/2023 ::: Downloaded on - 14/06/2023 01:20:23 ::: Vina Khadpe 3 1-PIL-108-2021.doc rehabilitation and compensation, and also direct to institute a Special Investigation Team to investigate in the matter.
c) such other order[s], which the Hon'ble Court may deem fit and proper under the circumstances of the cases may be passed.
2. The Petition is filed raising various issues regarding the welfare of the children and for the directions to implement the directions passed by the Hon'ble Supreme Court in the case of Sampurna Behura Vs. Union of India and ors.1 .
3. Pursuant to order dated 13 December 2021, a reply affidavit has been filed on behalf of District Women and Child Development Officer. Considering the issue involved, we are of the opinion that it would be appropriate that the Respondents herein the department of Women and Child, Maharashtra State Legal Services Authority, Directorate of Social Welfare & Special Assistance, Government of Maharashtra, Maharashtra State Commission for Protection of Child Rights, Director General of Police shall hold a joint meeting to identify the issues and deliberate actions as well as steps to be taken in the matter before this PIL is taken for consideration.
4. List the Petition on board on 28 April 2023 at 2.30 pm.
5. We request the Secretary - Respondent No.2 Department of Women and Children, State of Maharashtra to conduct the meeting 1 (2018) 4 SCC 433 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 14/06/2023 01:20:23 ::: Vina Khadpe 4 1-PIL-108-2021.doc with the representatives of the Respondents wherein the representatives of the Petitioner be also permitted to participate in this meeting.
6. We expect the State of Maharashtra to identify the issues, remedies and measures that need to be taken so that areas where the intervention and directions of this Court would be necessary.
7. The office of the Government Pleader will place the minutes of meeting so held on record on file of this Petition before the next date.
(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) ::: Uploaded on - 13/04/2023 ::: Downloaded on - 14/06/2023 01:20:23 :::