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Gauhati High Court
X-X-X vs In Re The Govt Of Assam And 3 Ors on 7 February, 2026
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/6
GAHC010086952023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : 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
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
Page No.# 2/6
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
Linked Case : 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
DELHI
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
Page No.# 3/6
GAUHATI-781028
4:THE DIRECTOR GENERAL OF POLICE
OFFICE DR. BK KAKATI RD. ULUBARI
GAUHATI
ASSAM 781007
5:REGISTRAR
GAUHATI HIGH COURT
GAUHATI
ASSAM
------------
Advocate for : MR. P P SARMA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 07.02.2026
(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. Pursuant to order dated 02.02.2026, the learned Senior Government
Advocate has produced instructions from the Commissioner & Secretary to the
Government of Assam, Women and Child Development Department, which is as
follows:
1 Status of Juvenile Justice (Care The draft Rules were sent to the Legislative
and Protection of Children) Department on 23.07.2025. After multiple rounds of
Rules clarifications and returning the file for annexures
(15.10.2025), the file remains with the Legislative
Department. Once vetted, the Rules will be placed
before the Cabinet for approval.
2 Status of Child Protection The draft policy was sent to the Judicial Department
Page No.# 4/6
Policy for views. The Judicial Department has sought
clarifications which are currently being processed. The
Deponent noted that technical issues and data
migration prevented providing exact correspondence
dates previously, but these will be provided at the next
hearing.
3 Status of the Social Audit The Law Department of Gauhati University submitted
a draft report (~1500 pages) on 01.09.2025. On
04.12.2025, the SCPS requested the final report. Based
on verbal discussions, the final report is expected by
the end of February 2026 and will be placed before the
High Court upon receipt.
4 Estimated Completion Dates Rules and Policies will be placed before the Cabinet
for approval as soon as final clearances are received
from referral departments.
5 District-wise Vacancies of Vacancies in 21 districts were filled on 31.12.2025.
Social Workers (Members) in Remaining vacancies include one post each in Barpeta,
JJBs Hailakandi, Bongaigaon, and Sribhumi, and both posts
in West Karbi Anglong. Currently, JJBs are fully
functional in 32 districts. A fresh advertisement is
planned for the end of April 2026.
6 Pendency of Cases A district-wise list of pendency in the Juvenile Justice
Boards of Assam is attached to the original document
as Annexure-C.
3. In respect of Sl. Nos. 1 and 2, the State shall provide information
regarding the status of the notification of the Juvenile Justice (Care and
Protection of Children) Rules. We hope and trust that the authorities, including
the Legislative Department, will complete the process at the shortest possible
time, preferably by 28.02.2026. In respect of Sl. No. 3, we hope and trust that
the authorities will do the needful by 05.03.2026.
4. In respect of Sl. No. 4, the matter shall be taken into consideration on
the next date of listing.
5. In respect of Sl. No. 5, the State expects a fresh advertisement to be
published by April, 2026 to fill up the vacancies. Accordingly, the matter shall be
taken up in the monthly sitting of the Bench to be held in May, 2026.
Page No.# 5/6
6. In respect of Sl. No. 6, the statistics regarding disposal of cases,
appended as Annexure-C to the para-wise reply, are as follows:
Sl. District Cases New Cases disposed Cases Pending as on
pending as cases from 01.01.2025 01.01.2026
on w.e.f. to 31.12.2025
31.12.2024 01.01.202
5 to
31.12.202
Page No.# 6/6
7. On perusal of the same, it appears that, taking the benchmark at 70
cases, the pendency in the following districts is higher, viz., Barpeta, Biswanath,
Bongaigaon, Cachar, Dhubri, Goalpara, Hojai, Kamrup Metro, Lakhimpur,
Nagaon, and South Salmara.
8. It is also felt appropriate that the Registry as well as the State shall
calculate the case disposal ratio at all the JJBs, and thereafter, the State shall
examine feasibility of more number of sitting by those JJBs where the CDR is
less than 90%. The State shall examine whether the sittings of the JJBs need to
be increased. Accordingly, a proposal shall be submitted.
9. The learned Senior Government Advocate shall transmit a downloaded
copy of this order to the concerned authorities to obtain the necessary
information.
10. List the matter on 05.03.2026 preferably at 3.00 PM.
JUDGE JUDGE
Comparing Assistant
