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Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 2 February, 2026
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/5
GAHC010234612019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/60/2019
BACHPAN BACHAO ANDOLAN
A CHARITABLE SOCIETY HAVING ITS OFFICE AT L-6, KALKAJI, NEW
DELHI 110019 AND REP. BY ITS GENERAL SECRETARY MR. R.S.
CHAURAUSIA
2: SAMPURNA BEHURA
D/O LT. GANGA DHAR BEHURA
R/O FLAT NO. 501
TECHNOLOGY APARTMENT
PATPARGANJ
DELH
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE
DEPTT. BLOCK-D, 1ST. FLOOR, JANATA BHAWAN, DISPUR, GAUHATI-
781006
2:DIRECTORATE OF SOCIAL WELFARE
REP. BY THE DIRECTOR
KACHARI GHAT
MG ROAD
UZAN BAZAR
GAUHATI-781001
3:ASSAM STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
REP. BY THE CHAIRPERSON
BYE LANE NO. 1
H.NO. 1
SAMMANOY PATH
SURVEY
BELTOLA-BASISTHA ROAD
GAUHATI-781028
Page No.# 2/5
4:THE DIRECTOR GENERAL OF POLICE
OFFICE DR. BK KAKATI RD. ULUBARI
GAUHATI
ASSAM 781007
5:REGISTRAR
GAUHATI HIGH COURT
GAUHATI
ASSA
Advocate for the Petitioner : MR. P P SARMA, N CHAUDHURY,MR. M DAS,MR. B D DEKA
Advocate for the Respondent : GA, ASSAM, SMT. PRIYAMBADA MISHRA, PROG.
OFFICER,SRI ASHOK SHARMA, PROG. MANAGER,DR. PREETY LEKHA DEKA, ACS,MR. R
K D CHOUDHURY, DY. S.G.I.,SC, GHC
Linked Case : PIL(Suo Moto)/1/2018
X-X-X
X-X-X
VERSUS
IN RE THE GOVT OF ASSAM AND 3 ORS
REP. BY THE SECRETARY
DEPTT. OF SOCIAL WELFARE
BLOCK-D
1ST FLOOR
JANATA BHAWAN
DISPUR
GUWAHATI- 781006
2:DIRECTORATE OF SOCIAL WELFARE
REP. BY THE DIRECTOR
KACHARI GHAT
M G ROAD
UZAN BAZAR
GUWAHATI- 781001
3:ASSAM STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
REP. BY THE CHAIRPERSON
Page No.# 3/5
BYE LANE NO.1
H NO.1
SAMMANOY PATH
SURVEY
BELTOLA- BASISTHA ROAD
GUWAHATI- 781028
4:UNION OF INDIA
REP. BY THE SECRETARY MIN OF WOMEN AND CHILD DEVELOPMENT
SHASTRI BHAWAN
NEW DELHI- 01
------------
Advocate for : MR. H K DAS( SC
GHC)
Advocate for : GA
ASSAM appearing for IN RE THE GOVT OF ASSAM AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 02.02.2026
(K.R. Surana, J)
Heard Mr. N. Chaudhury, learned counsel for the petitioner. Also heard
Mr. D. Nath, learned Senior Govt. Advocate appearing for the State and Mr. H.K.
Das, learned standing counsel for the High Court.
2. The learned Senior Government Advocate has produced instructions
from the Commissioner & Secretary to the Government of Assam, Women and
Child Development Department, regarding the current status, which is as
follows:
Sl Directions Current Status
1 Whether JJBs have been constituted in Whether JJBs have been constituted in each
each and every district of Assam and every district of Assam
2 Whether the JJBs are constituted Yes
properly in accordance with the Juvenile
Justice (Care and Protection of Children)
Page No.# 4/5
Act
3 To inform the last date of tenure of On 31.12.2025, all vacancies in JJBs were
various Members in JJBs filled up in 21 districts. At present, there are
only 5 vacancies - Barpeta, Hailakandi, West
Karbi Anglong, Bongaigaon and Sribhumi.
4 To indicate about the proceeding of JJBs JJBs are constituted in all districts
where no JJB are constituted and
whether such process is backed up by
any Notification of State Government so
as to empower the JJBs of a different
district to act as JJB of the other district
5 To update about the process, functioning Based on case load, the JJBs hold their sittings.
and constitution of JJBs.
6 Status of Child Protection Policy After framing the draft Child Protection Policy,
the same was sent to the Judicial Department
for their views. The Judicial Department has
sought some clarifications which are in the
process of being replied to.
7 Status of Juvenile Justice (Care and The file (No. E-523168) was endorsed to the
Protection of Children) Rules Legislative Department for vetting the draft
Assam Juvenile Justice (Care and Protection of
Children) Rules, 2025 on 23.07.2025.
Following a series of clarifications between
July and October 2025, the file was returned to
the Legislative Department on 15.10.2025 and
remains there. Upon vetting, the Rules will be
placed before the Cabinet for approval.
8 Status of the Social Audit The Law Department of Gauhati University
has submitted the final draft report for views.
Views have been furnished to them. The final
report is expected soon and will thereafter be
placed before the Hon'ble High Court.
9 Infrastructure Most JJBs are functioning from rented
premises. Recently, as per requirements,
laptops, computers, photocopiers, printers, and
furniture were provided in November of last
year.
3. In respect of the aforesaid directions, today the issues relating to the
directions at serial Nos. 6, 7 and 8 are taken up. As regards the directions
contained in serial No. 6, the current status does not disclose the dates on
which exchange of communications relating to the forwarding of the draft to the
Page No.# 5/5
Judicial Department took place, nor the other dates relevant for arriving at a
conclusion are available. Similarly, in respect of serial No. 8 concerning the
status of the Social Audit, relevant dates have not been provided for
ascertaining the current status thereof. Accordingly, on the next date of listing,
the learned Senior Government Advocate shall inform the relevant dates in
respect of the directions contained in serial Nos. 6 to 8. He shall also obtain
instructions regarding the estimated time within which the process in respect of
the directions under serial Nos. 6, 7 and 8 would be completed.
4. The learned standing counsel for the High Court shall also obtain the
pendency status of the proceedings before the JJBs in the State of Assam and
produce on the next date of listing.
5. We hope and trust that the authorities in the Women and Child
Development Department and the Legislative Department shall expedite the
process of framing the Child Protection Policy and notifying the Juvenile Justice
(Care and Protection of Children) Rules. Similarly, the Law Department of
Gauhati University is requested to expedite the submission of the final report on
the Social Audit.
6. The learned Senior Government Advocate shall transmit a downloaded
copy of this order to the concerned authorities to obtain the necessary
information.
7. List the matter on 07.02.2026.
JUDGE JUDGE
Comparing Assistant
