Gauhati HC Urges Assam Govt to Expedite Notification of Child Protection Policy and Rules [Read Order]

Gauhati: The Gauhati High Court has expressed hope that the Assam Government will take immediate steps to notify the Draft State Child Protection Policy and related rules, emphasizing the importance of implementing the Juvenile Justice (Care and Protection of Children) Act, 2015 in the state.  

A Division Bench comprising Justice Kalyan Rai Surana and Justice Arun Dev Choudhury heard a Public Interest Litigation (PIL/60/2019) filed by Bachpan Bachao Andolan and others concerning child protection measures in Assam.  

The court noted the state's progress, with the bench observing, "Mr. D. Nath, learned Senior Government Advocate, has referred to the affidavit filed on 12.09.2024 and submits that about one month more time will be required to settle and notify the State Child Protection Policy, and the rules to be framed by the state would take some additional time."

Highlighting interim measures, the court stated, "We hope that in the absence of the State Child Protection Policy and rules, the state would inform all stakeholders that until the State Child Protection Policy and rules are framed, all stakeholders shall follow the Draft Central Model Rules, 2016, proprio vigore."

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Recognizing the challenges faced by Juvenile Justice Boards, the court directed, "The state shall take steps to address the various issues and challenges faced by the Juvenile Justice Boards."

The court also noted that Bachpan Bachao Andolan had received a draft policy from the state and would provide necessary inputs within a week.

While posting the matter for further hearing on November 5, 2024, the court concluded, "We record our hope and trust that the state government, with all its resources, will take immediate steps to notify the Draft State Child Protection Policy and the rules, so that the purpose of the Juvenile Justice (Care and Protection of Children) Act, 2015 is achieved in the state."
 

[Read Order]