Madhya Pradesh High Court
Laxmi Narayan Shrivastava vs The State Of Madhya Pradesh on 25 January, 2017
1
WP.8797/2016
Laxmi Narayan Shrivastava Vs. State of M.P. & Ors.
25.01.2017
Shri Vivek Jain, counsel for the petitioner.
Shri Praveen Newaskar, Govt. Advocate for the respondents /
State.
Shri Vivek Khedkar, Asstt. Solicitor General for respondent No.5/ Union of India.
Learned counsel for the State and Union of India seek time to file reply.
Looking to the urgency of the case where the care and protection of infant as well as small and adolescent children is at stake the State and Union of India are directed to rise to the occasion and act in utmost promptitude to fulfill the objective of the Juvenile Justice ( Care and Protection of Children) Act, 2015.
Though the mention in this PIL is only in respect of District Shivpuri and Ashok Nagar but considering the sensitivity of the matter which pertains to care and protection of Children, this court suo moto enlarges the scope of this petition to cover all the Districts within the territorial jurisdiction of Gwalior Bench of this Court.
Various allegations have been made in the petition which are being summarized below for which State and Union of India is required to respond and act promptly:-
(i) Lack of infrastructure in the following :-
(a) 2 (21). "child care institution" means Children Home, open shelter, observation home, special home, place of safety, Specialized Adoption Agency and a fit facility recognized under this Act for providing care and protection to children, who are in need of such services.
(b) 2(22) Child Welfare Committee constituted under Section 27.
(c) 2(26) District Child Protection Unit.2 WP.8797/2016
(d) 2(53) State Agency.
(ii) Number of posts in the number said Institutions under the Act are lying vacant which have not been filled up due to apathy and inaction on the part of the State.
(iii) Large amount of grant send by the Central Govt. has not been utilized by the State for which Annexure P/4 dated
02.02.2015 is pressed into service which indicates that the amount of Rs. 1085.87 Lacs could not be utilized in the financial year 2013-14.
Reply be filed positively within four weeks. List the case in the first week of March, 2017. A copy of this order be given to counsel for the State and Counsel for the Union of India.
(Sheel Nagu) (S.A. Dharmadhikari) sarathe/- Judge Judge