SAMPURNA BEHURA versus UNION OF INDIA & ORS.

Citation: [2018] 2 S.C.R. 940 · Decided: 09-02-2018 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Disposed off

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
940
SUPREME COURT REPORTS
[2018]  2 S.C.R.
SAMPURNA BEHURA
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 473 of 2005)
FEBRUARY 09, 2018
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.]
Public Interest Litigation: Non-implementation or tardy
implementation of laws beneficial to children-Juvenile Justice Act
of 2000 and 2015 – Failure of State Governments to implement
various provisions of the Act of 2000 including, inter alia, the
establishment of Child Welfare Committees, Juvenile Justice Boards,
Special Juvenile Police Units, establishment of Homes for children
in need of care and protection, improving the living conditions of
juveniles in conflict with law – Writ petition u/Art. 32 seeking
directions to the Chief Secretaries and the Directors General of
Police and Superintendents of Police of all the States to forthwith
implement the Act of 2000 and directions to States to provide basic
amenities – Held: Keeping in view the need to strengthen the juvenile
justice system in the country, issuance of certain directions to States
for proper implementation of the Juvenile Justice Act – Chief Justice
of each High Court to establish child friendly courts and vulnerable
witness courts in each district – Juvenile Justice (Care and
Protection of Children) Act, 2000 – Juvenile Justice (Care and
Protection of Children) Act, 2015 – Constitution of India – Art. 32.
Disposing of the writ petition, the Court
HELD: 1. Suggestions and recommendations:
(i) National and State Commissions for Protection of Child Rights
(a) The Commissions for Protection of Child Rights Act, 2005
provides for the Central Government constituting a body to be
known as the NCPCR (National Commissions for Protection of
Child Rights) at the national level and the State Governments
constituting a body to be known as the SCPCR (State
Commissions for Protection of Child Rights) at the State level.
[Para 56] [968-C]
[2018] 2  S.C.R. 940
940
A
B
C
D
E
F
G
H
941
(b) At the national level, the NCPCR is an institution consisting
of eminent persons and experts in their respective fields. As such,
they are expected to look at issues concerning the welfare of
children in the national perspective taking into consideration the
views of every SCPCR and other stakeholders. At the State level,
the SCPCR is an equally significant body consisting of eminent
persons and experts. They are expected to take policy decisions
for the benefit of the children in their State, regardless of which
State the children originally belong to, for there might be children
of one State who are in need of care and protection but in a Child
Care Institution of another State. The functions of the NCPCR
and the SCPCR are more or less the same except that one
performs these functions at the national level, while the other
performs these functions at the State level. [Paras 57, 58] [969-
B-D]
(c) Both the NCPCR and the SCPCR have a range and variety of
functions to perform and each one of them entails a great deal of
responsibility. It is given to understand that both the Government
of India and the State Governments have not been giving these
bodies the freedom to decide on broad policy matters and indeed
in some instances, particularly relating to the SCPCR, vacancies
have not been filled up for several months. Unfortunately, at one
point of time, even the position of the Chairperson of the NCPCR
was lying unfilled for several months, until, on the directions of
this Court, the position was eventually filled up. Unless the
NCPCR and the SCPCRs are given due importance by the
Government of India and the State Governments and vacancies
are filled up in time, the enforcement of the rights of children will
remain on the back burner and any number of welfare schemes
formulated by the Government of India or by the State
Governments will remain unimplemented or their implementation
will remain sketchy and symbolic.  [Para 59] [971-B-E]
(d) There is hope and trust that those in authority and power in
the Government of India and in the State Governments appreciate
the importance of adhering to the provisions of the laws enacted
by Parliament and ensure that the NCPCR at the National level
and the SCPCR at the State level actually function and perform
their duties and recognize their responsibilities. [Para 60] [971-
E-F]
SAMPURNA BEHURA v. UNION OF INDIA & ORS.
A
B
C
D
E
F
G
H
942
SUPREME COURT REPORTS
[2018]  2 S.C.R.
(ii) State Child Protection Society and the District Child Protection
Unit
(a

Excerpt shown. Read the full judgment & AI analysis in Lexace.