Supreme Court - Daily Orders
Bachpan Bachao Andolan vs Union Of India And Ors. on 20 February, 2015
Bench: Madan B. Lokur, Uday Umesh Lalit
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ITEM NO.301 COURT NO.10 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(Civil) No.75/2012
BACHPAN BACHAO ANDOLAN Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With appln.(s) for exemption from filing O.T. and exemption from
personal appearance and permission to file additional documents
and office report)
WITH
W.P.(C) No. 906/2014
(With Office Report)
Date : 20/02/2015 These petitions were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. H.S. Phoolka, Sr. Adv.
Mr. Jagjit Singh Chhabra, AOR
Mr. Bhuwan Ribhu, Adv.
Mr. Anand Kumar, Adv.
Mr. Virender Verma, Adv.
Mr. Amarjit Singh Bedi, AOR
For Respondent(s)
Union of India Mr. Maninder Singh, ASG
Ms. Rekha Pandey, Adv.
Mr. S. Wasim A. Qadri, Adv.
Ms. Sunita Sharma, Adv.
Mr. V. Mohana, Adv.
Mr. S.S. Rawat, Adv.
Signature Not Verified
Mr. Zaid Ali, Adv.
Digitally signed by
Ms. Gunwant Dara, Adv.
Sanjay Kumar
Date: 2015.02.27
10:01:27 IST
Mrs. Anil Katiyar, Adv.
Reason:
Mr. D.S. Mahra, AOR
Ms. Sushma Suri, Adv.
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NHRC Ms. Shobha, AOR
Mr. Raghav Pandey, Adv.
CBI Mr. P.K. Dey, Adv.
Mr. T.A.Khan, Adv.
Mr. M. Khariti, Adv.
Mr. B.V. Balaram Das, Adv.
For States of
Arunachal Pradesh Mr. Anil Shrivastav, AOR
Mr. Rituraj Biswas, Adv.
Assam Mr. Riku Sarma, Adv.
Mr. Navnit Kumar, Adv.
for M/s Corporate Law Group
Bihar Mr. Gopal Singh, AOR
Mr. Chandan Kumar, Adv.
Mr. Manish Kumar, Adv.
Ms. Rashmi Srivastava, Adv.
Chhattisgarh Mr. C.D. Singh, AAG
Mr. Aniruddh P. Mayee, Adv.
Ms. Charudatta Mahindrakar, Adv.
Mr. A. Selvin Raja, Adv.
Ms. Damini Hajela, Adv.
Gujarat Ms. Hemantika Wahi, AOR
Ms. Jesal Wahi, Adv.
Ms. Preeti Bhardwaj, Adv.
Haryana Mr. Arun Bhardwaj, AAG
Mr. Parveen Kumar, Adv.
Mr. Gauraan, Adv.
Mr. Kamal Mohan Gupta, AOR
H.P. Mr. Suryanaryana Singh, AAG
Ms. Pragati Neekhra, AOR
J&K Mr. G.M. Kawoosa, Adv.
Mr. Ashok Mathur, Adv.
Jharkhand Mr. Anil K. Jha, AOR
Mr. R.K. Ojha, Adv.
Madhya Pradesh Mr. C.D. Singh, Adv.
Ms. Damini Hajela, Adv.
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Maharashtra Mrs. Asha Gopalan Nair, AOR
Mr. Aniruddha P. Mayee, Adv.
Manipur Mr. Sapam Biswajit Meitei, Adv.
Mr. Ashok Kumar Singh, AOR
Mr. Z.H. Isaac Haiding, Adv.
Mizoram Mr. K.N. Madhusoodhanan, Adv.
Mr. T. G. Narayanan Nair, AOR
Nagaland Mrs. K. Enatoli Sema, Adv.
Mr. Amit Kumar Singh, Adv.
Mr. Balaji Srinivasan, Adv.
Orissa Mr. Sibo Sankar Mishra, AOR
Mr. M.K. Pandey, Adv.
Mr. Navin Gupta, Adv.
Punjab Mr. Ajay Bansal, AAG
Mr. Kuldip Singh, AOR
Mr. Gaurav Yadav, Adv.
Rajasthan Mr. S.S. Shamshery, Adv.
Mr. Amit Sharma, Adv.
Mr. Sandeep Singh, Adv.
Ms.Ruchi Kohli, Adv.
Sikkim Mr. A. Mariarputham, AAG
Ms. Aruna Mathur, Adv.
Mr. Yusuf Khan, Adv.
for M/s Arputham Aruna & Co.
Tripura Mr. Gopal Singh, AOR
Mr. Rituraj Biswas, Adv.
Ms. Rashmi Srivastava, Adv.
Telangana Mr. P. Venkat Reddy, Adv.
Mr. Sumanth Nookala, Adv.
for M/s. Palwai Venkat Law Associates
Uttar Pradesh Mr. Gaurav Bhatia, Adv.
Ms. Pragati Neekhra, AOR
Mr. Utkarsh Sharma, Adv.
Mr. Vibhu Tiwari, Adv.
Mr. Ravi Prakash Mehrotra, Adv.
Uttarakhand Ms. Rachana Srivastava, AOR
Mr. Utkarsh Sharma, Adv.
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West Bengal Mr. Anip Sachthey, Adv.
Mr. Mohit Paul, Adv.
A&N Islands Mr. K.V. Jagdishvaran, Adv.
Mrs. G. Indira, AOR
Chandigarh Ms. Udita Singh, Adv.
Mr. Chandra Prakash, AOR
Puducherry Mr.V.G. Pragasam, AOR
Mr. S.J. Aristotle, Adv.
Mr. Prabu Ramasubramanian, Adv.
Mr. B. Krishna Prasad, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mr. D. Mahesh Babu, AOR
Mr. G. N. Reddy, AOR
Mr. Irshad Ahmad, AOR
Mr. Krishnanand Pandeya, AOR
Mr. Shibashish Misra, AOR
Ms. Anitha Shenoy, AOR
Ms. Liz Mathew, AOR
Mr. M.F. Philip, Adv.
Ms. Shalini Chandra, AOR
Mr. C.D. Singh, AOR
Ms. Shashi Juneja, Adv.
Mr. Sunil Fernandes, AOR
Mr. V.N. Raghupathy, AOR
Mr. Avijit Bhattacharjee, AOR
Mr. Ranjan Mukherjee, AOR
Mr. S.C. Ghosh, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
W.P.(C) No.75/2012
The Ministry of Women and Child Development, Government of India has filed an affidavit. The Registry has raised several administrative objections to the affidavit. Since the objections are valid, the affidavit may be returned to the Advocate-on-Record.
Mr. Maninder Singh, learned Additional Solicitor General submits that a fresh affidavit will be filed within two weeks giving the gist of the developments that have taken place so far pursuant to our order dated 13th January, 2015.
We have heard learned counsel for the parties in respect of the order that we have passed on 13th January, 2015.
Insofar as the constitution of the Advisory Boards under the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short ‘the Act’) in various States and Union Territories is concerned, the learned Additional Solicitor General submits that steps are being taken in this regard by the Ministry of Women and Child Development, Government of India with various State Governments and Union Territories and he is hopeful that the Advisory Boards would be constituted within about 30 days or so.
6Insofar as the appointment of the Chairperson of the National Commission for Protection of Child Rights (NCPCR) is concerned, the learned Additional Solicitor General submits that steps have already been taken in this regard and it is hoped that the Chairperson will be appointed expeditiously. The Ministry should now conclude the process at the earliest.
As regards the appointment of Members of the NCPCR, it appears that no steps have been taken in this regard as yet. We direct the Secretary in the Ministry of Women and Child Development, Government of India (Nodal Officer) to take steps in this regard within a period of 30 days so that the process of appointment of Members of the NCPCR is also concluded expeditiously. With regard to the website viz., www.trackthemissing child.gov.in, relating to missing children, we commend and appreciate the excellent work that has been done by the Faculty of Management Studies, University of Delhi. The recommendations that have been made are acceptable to the parties and are accepted by us.
The learned Additional Solicitor General states that the recommendations made by the Faculty of Management Studies will be implemented in coordination with the Ministry of Women and Child Development, Government of India and the National Informatics Centre within one 7 month and have a far better and advanced version of the website than the existing one. He also submits that the information on the website will be available through mobile application software. We take his statement on record.
The Ministry of Women and Child Development, Government of India may also consider having the information on the website in regional languages so that it would be convenient for non-Hindi and non-English speaking persons.
In appreciation of the excellent work that has been done by the Faculty of Management Studies, University of Delhi, particularly the Head and Dean and his team, we direct the Ministry of Women and Child Development, Government of India to pay a token honorarium of Rs.1,00,000/- (Rupees one lakh only) to the Faculty of Management Studies within a period of one month.
Insofar as the Standard Operating Procedure (SOP) relating to tracing out missing children is concerned, the Tata Institute of Social Sciences (TISS) has requested for 60 days' more time to finalize the SOP. We extend the time for TISS to complete its consultation and to finalize the SOP by 10th April, 2015.
Insofar as the curriculum for training of police officers is concerned, the National Police Academy (NPA) 8 has prepared very good module and curriculum. However, the curriculum is in a skeletal form and it has to be given some flesh. We request the Director of the NPA to look into the matter urgently and give flesh to the exercise already undertaken and also work out the modalities to train police officers through the State Police Academies by having a Training of Trainers Programme for police officers who may be Child Welfare Officers and may constitute the Special Juvenile Police Units under the Act. The Director of the NPA will consider the matter and give us the details on how the NPA can carry out the Training of Trainers Programme for further imparting training to the police officers through the State Police Academies throughout the country. This exercise should be completed on or before 10th April, 2015.
The Secretary in the Ministry of Women and Child Development, Government of India (Nodal Officer) is requested to continue the coordination with TISS and NPA on the subjects mentioned above.
The details about the status of missing children from each State have not been indicated to us by the Ministry of Women and Child Development, Government of India. Nor have we been given any details about the implementation of Operation Smile. We direct the 9 Ministry to inform us about the status of missing children and status of recovered children in a State-wise tabular chart as on 31st March, 2015. The chart should be filed on or before 10th April, 2015. Details relating to the implementation of Operation Smile should also be furnished in a tabular form. List the matter on 17th April, 2015.
W.P.(C) No. 906/2014 Detag this matter and list on 8th May, 2015.
(SANJAY KUMAR-I) (JASWINDER KAUR) COURT MASTER COURT MASTER