Tripura High Court
Court On Its Own Motion vs The State Of Tripura on 7 December, 2021
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HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.297/2018
Court on its own motion.
............. Petitioner(s).
Vs.
The State of Tripura.
............. Respondent(s).
For Petitioner(s) : None.
For Respondent(s) : Mr. D Bhattachariya, Govt. Advocate,
Mr. S Saha, Advocate.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON'BLE JUSTICE MR. S G CHATTOPADHYAY
_O_R_D_E_ R_
07/12/2021
(Indrajit Mahanty, CJ).
The present writ petition has been registered by this Court suo
motu in view of the directions dated 9th February 2018 passed by the
Hon'ble Supreme Court of India in WP(Civil) No.473/2005 in case of
Sampurna Behura Vs. Union of India & Ors. The State-respondents had
been directed to file their compliance reports in terms of directions issued
by Hon'ble Supreme Court in the judgment referred hereinabove and in
particular, Para - 95 thereon.
This Court had on several occasions dealt with the issue and
several affidavits had come to be filed, last of which filed before this Court
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is dated 27th September 2021. The said affidavit has been sworn in by the
Deputy Secretary to the Government of Tripura in the Social Welfare &
Social Education Department and the directions issued by the Hon'ble
Apex Court and the action taken thereon has been noted in the said
affidavit in a fair amount of detail.
Sl. Directions Action taken
No
1 The Ministry of Women and Child All positions of the "Tripura
Development in the Government of Commission for Protection of Child
India and the State Government Rights" in short form TCPCR had been
should ensure that all positions in the filled up (one Chairperson and 6 (six)
NCPCR and the SCPCRs are filled Members) and adequate staff have
up well in time and adequate staff is already been provided.
provided to these statutory bodies so A copy of the Notification vide No.
that they can function effectively and 87(1-306)- CW/DSWE//2017/2103(9)
meaningfully for the benefit of the dated 05-07-2021 is enclosed herewith
Children. and marked as Annexure - R/1
2 The NCPCR and the SCPCRs should Noted for compliance. Copy of
take their duties, functions and the judgment & order dated 09.02.2018
responsibilities with great of the Hon'ble Supreme Court of India
earnestness keeping in mind the faith passed in Writ Petition (Civil) No.473
reposed in them by Parliament. A of 2005 [Sampurna Behura Vs. Union
position in these statutory institutions of India andOrs.] has been sent to the
is not a sinecure. These bodies have Tripura Commission for Protection of
a very significant and proactive role Child Rights for earnest compliance and
to play in improving the lives of complying the directions being
children across the country. followed.
3 The State level Child Protection Noted for compliance. The orders of
Societies and the District level Child the Hon'ble Supreme Court of India
Protection Units have an enormous have been communicated to TCPCR
responsibility in ensuring that the JJ and DCPUs for compliance.
Act is effectively implemented and The State Level Child Protection
Child Care Institutions are managed Society (SCPS), Tripura and District
and maintained in a manner that is Child Protection Units (DCPUs) in all 8
conducive to the wellbeing of districts are functioning effectively.
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children in all respects including Child Care Institutions (CCIs) are
nutrition, education, medical managed and maintained following the
benefits, skill development and provisions of Juvenile Justice (Care and
general living conditions. These two Protection of Children) Act, 2015 and
bodies would be well advised to take Juvenile Justice (Care and Protection of
the assistance of NGOs and civil Children) Model Rules, 2016.
society to ensure that the JJ Act All housed children are provided
serves the purpose for which it is nutrition, education, medical benefits,
enacted by Parliament. and skill development
Members from NGO and Civil Society
incorporated in the State Child
Protection Society and District Child
Protection Units.
4 The State Governments must ensure All positions of the Juvenile
that all positions in the JJBs and Justice Board in 8 Districts of the State
CWCs are filled up expeditiously have already been filled up in
and in accordance with the Model accordance with the Juvenile Justice
Rules or the Rules framed by the (Care& Protection of Children) Model
State Government. Any delay in Rule-2016.
filling up the positions might The Board is headed by a
adversely impact on children and this Principal Magistrate from Judicial
should be avoided Magistrate, 1st Class and 2 (two) Social
Worker Members.
The Social Worker Members
appointed by the State Government on
the recommendation of the Selection
Committee constituted in accordance
with the Juvenile Justice (Care and
Protection of Children) Model Rules,
2016.
There is no vacancy in the
Juvenile Justice Boards. Copies of the
notification Vided No. F. 87(1-
401)/CW/DSWE/2018/5015(28) dated,
05-01-2019, 87(1-401)/CW/DSWE
/2018 /725(5) dated 15-05-2019 and
87(1-401)/CW/DSWE/2020/4788(160)
dated 01-02-2021, for appointment of
Social Worker Member of JJB are
enclosed herewith.
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All positions of the Child Welfare
Committee in 8 (eight) Districts of the
State have already been filled up in
accordance with the Juvenile Justice
(Care and Protection of Children)
Model Rules, 2016.
The Chairperson & Members of
the Child Welfare Committees of
8(eight) district are appointed by the
State Government on the
recommendation of the Selection
Committee constituted in accordance
with the Juvenile Justice (Care and
Protection of Children) Model Rules,
2016.
There is no vacancy in the Child
Welfare Committees. Copies of the
notification 87(1-
401)/CW/DSWE/2018/5016(43) dated,
05-01-2019 and 87(1-
401)/CW/DSWE/2020/4784(160) dated
01-02-2021, for appointment of
Chairperson & Members of the Child
Welfare Committee are enclosed
herewith.
Earlier Selection committee vide
Notification No.F.87(1-306)-
CW/DSWE /2017/1159(18), dated 05-
04-2017 tenure is covered and new
committee is duly constituted vide
Notification No.- F.87(1-306)-
CW/DSWE/2017/2013(9), dated 21-08-
2020 for a period of 3(three) years.
A copy of Notification is enclosed
herewith and marked as Annexure -
R/2.
5 The JJBs and CWCs must appreciate Noted for compliance.
that it is necessary to have sittings on The Juvenile Justice Boards and
a regular basis so that a minimum CWCs are sitting on regular basis, as
number of inquiries are pending at per need.
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any given point of time and justice is
given to all juveniles in conflict with
law and social justice to children in
need of care and protection. This is a
constitutional obligation.
6 The NCPCR and the SCPCRs must TCPCR has been requested to undertake
carry out time-bound studies on such studies.
various issues, as deemed
appropriate, under the JJ Act based
on these studies, the State
Governments and the Union
Territories must take remedial steps.
7 In particular the NCPCR and the Recruitment for 220 posts under various
SCPCRs must carry out a study for category through outsourcing under
estimating the number of Probation MissionVatsylaya (Erstwhile CPS)
Officers required for the effective including Probation Officer is under
implementation of the JJ Act. based Process.
on this study, the State Government
must appoint the necessary number
of Probation Officers. It must be
emphasized that the role of a
Probation Officer is critical for the
rehabilitation and social reintegration
of a juvenile in conflict with law and
due importance must be given to
their duties as postulated in the
Model
Rules and Rules, if any framed by
the State Governments and the Union
Territories.
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8 The MWCD must continue to make Related to the Ministry of Women and
creative use of information and Child Development (MWCD)
communication technology not only
for the purpose of collecting data and
information but also for other issues
connected with the JJAct such as
having a database of missing
children, trafficked children and for
follow up of adoption cases etc. With
the utilization of technology to the
fullest extent, administrative
efficiency will improve considerably,
which in turn will have a positive
impact on the lives of children.
9. It is important for the police to Noted for compliance. The order of the
appreciate their role as the first Hon'ble Supreme Court has been
responder on issues pertaining to conveyed to Home Department for
offences allegedly committed by
compliance.
children as well as offences allegedly
committed by children as well as The Special Juvenile Police Units in
offences committed against children. short form SJPU have already been set
There is therefore a need to set up up by the Police Department of the
meaningful Special Juvenile Police State in State Level, District Level, Sub-
Units and appoint Child Welfare Division level, Police Stations level and
Police Officers in terms of the JJ Act Govt. Railway Police Stations of the
at the earliest and not only on paper.
(GRPs) Level and details number of
In this context, it is necessary to
clearly identify the duties and SJPUs are shown below:-
responsibilities of such Units and Sl Set up of SJPUs No. of
Officers and wherever necessary, No SJPUs
expertise, either the National Police 2. District level 8
Academy the Bureau of Police
3 GRP District 1
Research and Development or NGO
must be taken for the benefit of level
Level
5 Police Station 77
level
Police Station
level
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The Police Department is
organizing training for constable and
sub-Inspector as per Bureau of Police
Research & Development Training
manuals.
Training for TPS Officers are (in
the rank of Deputy Superintendent of
Police) is being arranged outside the
State.
122 Child Welfare Police Officers
are functioning in the State as intimated
by the Police Department.
Total 192 Police Officers were
trained in the State and District Level
Workshop on anti-human trafficking in
which training manual of Juvenile
matters and Juvenile Justice (Care and
Protection of Children) Act were
included.
All the Child Welfare Police Officers
has not been provided training till now.
To ensure training of all Child Welfare
Police Officers in time bound manner
District wise training has been planned.
Training will be conducted as soon as
COVID-19 situation is improved.
10 The National Police Academy and The KTDS Police Training
State Police Academies consider Academy, Tripura, Narsingarh has
including child rights as a part of incorporated training on Juvenile Justice
their curriculum on a regular basis (Care and Protection of Children)
and not as an isolated or sporadic Act,2015 and Child Rights in the
event. curriculum for training of Police
Officers particularly the Officers of
Special Juvenile Police Units and Child
Welfare Officers as intimated by the
Police Department.
11 The management of Child Care Noted for compliance.
Institutions is extremely important There are 40 nos. of children's
and State Governments and Union Home including other Child Care
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Territories would be well advised to Institutions all have been registered
ensure that all such institutions are under JJ Act.
registered so that children can live a
dignified life in these Institutions and
issues of missing children and
trafficking are also addressed.
12 State Governments and Union Noted for compliance.
Territories would be well advised to District Level Inspection
appoint eminent persons from civil Committee has been constituted vide
society as Visitors to monitor and Notification No.F.87(1-322)-
supervise the Child Care Institutions CW/DSWE/ 2017/3238(42) dated
in all the districts. This will ensure 18.07.2017 wherein there is a provision
that the management and of one Member of the Civil Society
maintenance of these Institutions are working in the area of Child rights,
addressed. We have no doubt that the care, Protection and welfare to be
State Legal Service Authorities and nominated by the Chairperson for
the District Legal Service Authorities inspection of all Child Care Institutions.
will extend full assistance and The CWCs, JJBs and Hon'ble
cooperation to the Government District Judges/Addl. District Judges are
authorities in this venture as well as visiting the Child Care Institution in all
to the Visitors. Districts regularly.
13 The JJ Fund is a bit of an Juvenile Justice Fund has
embarrassment with an absence of an already been created in the State, by the
effective response from the welfare State fund for the welfare of Children
of the children we shudder to think and time to time fund allotted &
what could be better utilization of the expenditure incurred are given below:
funds. (Rs. in lakh)
Year Fund Expenditure
allotted incurred
2013-14 1.00 1.00
2014-15 5.00 5.00
2015-16 20.00 20.00
2016-17 50.00 50.00
2017-18 44.70 44.70
2018-19 37.00 37.00
2019-20 40.00 15.67
2020-21 40.00 43.07
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2021-22 18.00 23.04 (up to
18-08-2021)
Total 255.70 239.48
Balance Rs.16.22 lakh. Total 160 nos.
children were given benefits from the
J.J.Fund.( up to 31.03-2020)
In addition (i) Provided JJ Fund
36 nos. Children Homes run by Govt &
NGO for Sanitization of Homes and
purchase of various articles to fight
against 2nd wave of COVID-19
pandemic situation.
(ii) Additional fund for
Sponsorship and Foster Care provided
from J J Fund to DISE, West Tripura &
Sepahijala District and also additional
fund provided to D.M., West Tripura
for structural up gradation of Jawahar
Lal Nehru Balika Niwas run by NGO.
14 NALSA has done a remarkable job Not related to the Respondent herein.
in collecting data and information
relating to the JJ Act, as evidenced
by the three-part Report prepared by
it. We request NALSA to carry
forward the exercise and complete a
similar Report preferably before 30th
April,2018 to assist all the policy
making and decision taking
authorities to plan out their affairs.
15 The importance of training cannot be Noted for compliance.
over-emphasized. It is vital for The training programme as
understanding and appreciating child required by the J.J.Act have been
rights and for the effective organized by this Department involving
implementation of the JJ Act. All the State Legal Services Authority,
authorities such as JJBs and CWCs, Tripura, Judicial Academy for Members
Probation Officers, members of the of JJBs and CWCs, Legal-Cum-
Child Protection Societies and Probation Officers, and staff members
District Child Protection Units, of State Child Protection Society,
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Special Juvenile Police Units, Child District Child Protection Units, JJBs,
Welfare Police Officers and CWCs and CCIs.
managerial staff of Child Care In pandemic COVID-19
Institutions must be sensitized and Situation, arranged 4(Four) nos. on
given adequate training relating to line training programme organized by
their position. A very positive step the NIPCCD, Guwahati during the year.
has been taken in this regard by 2020-21 for Chairpersons & Members
NALSA and we expect the NCPCR of CWCs, Social Worker Member of
with the assistance of the SCPCRs to JJBs, In-charge of CCIs, Empanelled
carry forward this initiative so that Social Worker and functionaries of CCI
there is meaningful implementation for various matter related to Child Care
of the JJ Act. & Protection.
Online induction training for
newly reconstituted chairperson &
Member s of CWCs & Social Worker
Member of JJBs are scheduled on 25th
& 26th August,2021 and 8th & 9th
September, 2021 respectively.
Prima facie we are satisfied that the State of Tripura has complied
with the directions of the Hon'ble Apex Court. However, since the Hon'ble
Apex Court has also directed continuing supervision of Juvenile Justice
Board, it appears that in Para 11 above, 40 nos. of Children's Home have
been registered as Child Care Institutions and have been registered under
Juvenile Justice Act, we direct that copy of this order be sent to Secretaries
of all District Legal Services Authority who shall in their regular work go
and visit such Childen's Homes and as well as to take into account the
various points and directives issued by the Hon'ble Apex Court noted
hereinabove and submit reports with the Member Secretary, Tripura State
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Legal Services Authority in every 3(three) months. In particular, they are
requested to highlight issue(s), if any that may come to their notice for
necessary directions and or rectification.
In view of the aforesaid directions, the present writ petition is
closed and shall be revived in the event any adverse report is received from
the Member Secretary, Tripura State Legal Services Authority from time to
time.
This Court also takes into note about further directions issued by
the Hon'ble Apex Court to the effect that each of the Court premises should
have child friendly courts and vulnerable witness courts and in this regard,
we direct all the District Judges concerned to ensure that child friendly
courts are made operational and also made available for vulnerable
witnesses. If any additional amenities are required for such purposes, they
shall be called upon to send the requisitions and suggestions to the Registry
of this Court for making necessary funds available.
Pending application(s), if any, also stands disposed of.
A copy of this order be also supplied to learned Government
Advocate.
( S G CHATTOPADHYAY, J ) ( INDRAJIT MAHANTY, CJ )
