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HC welcomes Assam govt’s move to implement child protection policy

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Guwahati, Feb 13: The Gauhati High Court has welcomed the Assam government’s move to formulate the draft child policy and expedite implementation of the child protection policy.

A division bench of the High Court hailed the state government’s initiative during hearing a PIL filed by the Bachpan Bachao Andolan for implementation of the child protection policy and framing of the Juvenile Protection Rules in Assam.

During the hearing, the counsel for the petitioners informed the High Court that the state government made a draft child policy, which has not been notified. The counsel therefore submitted that the state government be directed by the court to notify the draft child policy.

The counsel also submitted that the social audit process has been designed to cover the requirements of three Acts – Juvenile Justice (Care and Protection) Act; Child Protection Act and POCSO Act, so that there is due compliance with the relevant provisions contained therein.

On the other hand, the senior government advocate submitted that the petitioners could send their comments on the draft child policy by e-mail for consideration of the appropriate authority and that the steps would be taken for expediting the notification of the child policy.

Moreover, the deputy secretary to the state women and child development department submitted that various children’s homes were being inspected by a committee formed by the High Court, and that so far, eight homes have been visited.

Even as a time period of six months was prayed for taking up all the institutions, the court said that six months’ time for inspection would too much as it would lead to expiry of the next financial year. Hence, the court stated that individual members of the committee would be assigned a group of homes so that the inspection could be expedited.

“We propose that by the time the matter is called next, we hope and trust that there would be substantial inspection of the condition of various children’s homes in the state,” the court observed.

The court further directed the central government to file the additional affidavit to bring on record the nature of facilities created and how the monitoring was done to ensure that the funds provided were being properly utilised.

The deputy secretary also informed the court about a proposed meeting with Anant Asthana, a child rights lawyer; Geetanjali Ghosh, an assistant professor at the National Law School in Assam; and Laxmi Narayan Nanda, a UNICEF child protection specialist, to compile the Juvenile Justice Rules. She also proposed that the petitioner’s side also participate by giving their suggestions.

“We welcome this endeavour of the state government. The authorities may inform the learned counsel for the petitioner to propose dates of the meeting so as to enable them to participate in the meeting either physically or virtually,” the court said.

The next date of hearing has been scheduled on March 13, 2024.

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