SAMPURNA BEHRUA versus UNION OF INDIA & ORS.

Citation: [2018] 14 S.C.R. 392 · Decided: 27-11-2018 · Supreme Court of India · Bench: MADAN B. LOKUR, S. ABDUL NAZEER, DEEPAK GUPTA · Disposal: Directions issued
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Judgment (excerpt)

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392                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
SAMPURNA BEHRUA
v.
UNION OF INDIA & ORS.
(M.A. No. 2069/2018)
in
(W. P. (C) No. 473/2005)
NOVEMBER 27, 2018
[MADAN B. LOKUR, S. ABDUL NAZEER AND
DEEPAK GUPTA, JJ.]
Juvenile Justice (Care and Protection) of Children Act, 2015
– Standard Operating Procedure (SOP) for children who are victims
of violence – Report of the Study by the NCPCR – Child Protection
Policy – National Institution for benefit of Children – Status Report
with regard to Child Welfare Committees and Juvenile Justice Boards
– Study of Reports furnished by the States – Directions for further
listing.
CIVIL ORIGINAL JURISDICTION : M.A. No. 2069 of 2018 in
Writ Petition (C) No. 473 of 2005.
Under Article 32 of the Constitution of India.
Ms. Aparna Bhat, (A.C.), Ms. Shivangi Singh, Tipoo Ningombam,
Advs.
Sampurna Behrua (By Courts Motion).
Ms. Pinky Anand, ASG,  Niraj Gupta, Anshu Gupta, Shailinder
Saini, S. Wasim A. Qadri, B. V. Balram Das, Raj Bahadur Yadav,
Ms. Snidha Mehra, Chakitan Vikram Shekhar Papta, R. R. Rajesh, Vikas
Bansal, G. S. Makker, Gopal Singh, Manish Kumar, Sudhir Naagar, Binay
Kumar Pandey, Ms. Vrinda Grover, Soutik Banerjee, Dr. Anindita Pujari,
Ms. Aarti Kumar, Ms. Harsha Garg, Advs. for the appearing parties.
The following Order of the Court was passed:
O R D E R
There are six issues that still require consideration in the present
petition:
[2018] 14 S.C.R. 392
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1. Standard Operating Procedure (SOP) for children who are
victims of violence
We have been informed (and it has been recorded in our order
dated 08.10.2018) that the Ministry of Women and Child Development
is in the process of preparing / developing an SOP addressing the problem
of violence, sexual or otherwise.  This is with reference to children in
Child Care Institutions and even other children who may not necessarily
be in Child Care Institutions.
Today, we are told by the learned ASG that the SOP is not ready
but in the meanwhile, an interim advisory has been issued to all the State
Governments / UTs giving the protocol to be followed.
The learned Amicus says that she would like to look into the advisory
and make her comments because this information has been given today
in the Court.
2. Report of the Study by the NCPCR
It is stated by the learned ASG that an interim report has been
submitted by the NCPCR. This has been shared with 10 State
Governments and sharing the report with 12 other States is in the process.
It is not clear whether the report is being shared with the remaining
State Governments and UTs.
It is pointed out by learned counsel for the NCPCR that some of
the States have not yet given the information with regard to number of
child care institutions registered under the Juvenile Justice (Care and
Protection) of Children Act, 2015.  We expect the State Governments to
ensure that registration is complete and information is passed with the
NCPCR at least for the sake of children who are living in the States
concerned.  This should be done within two weeks.
3. Child Protection Policy
On 08.10.2018, we were informed that the Child Protection Policy
is on the anvil and it will take about two months or so.
Today, it is stated that the first draft will be ready in December,
2018.
We reiterate what we have recorded on 08.10.2018 to the effect
that when the first draft is available, it should be circulated widely and
also be given to the learned Amicus so that suggestions can be invited
from all concerned.
SAMPURNA BEHRUA v. UNION OF INDIA & ORS.
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4. National Institution for benefit of Children
It is stated by the learned ASG that the matter has been referred
to the Department of Expenditure and tentatively the National Institute
for Public Cooperation and Child Development is likely to be the institution
that will need strengthening in terms of the suggestion made in the order
dated 08.10.2018.
5. Status Report with regard to Child Welfare Committees and
Juvenile Justice Boards
The learned ASG has handed over to us a status report in
compliance of the order dated 08.10.2018.  We find that the status report
is incomplete in as much as information in respect of a large number of
States / UTs is valid till September, 2018.
It is also not clear from the status report whether Child Welfare
Committees are in existence in all the districts of the States for which
informati
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