Page - 1 of 14
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.297/2018
Court on its own motion.
Petitioner(s).
Ms.
The State of Tripura,
Respondent(s)
For Petitioner(s) None.
For Respondent(s) : Mr, D Bhattachariya, Govt. Advocate,
Mr. $ Saha, Advocate.
HON’BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON’BLE JUSTICE MR. § G CHATTOPADHYAY
07/12/2021
(indrajit Mahanty, CD
The present writ petition has been registered by this Court suo
motu in view of the directions dated 9" 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 CourtPage - 2 of 14
is dated 27" 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.
‘Si.
No
Directions
‘Action taken
1
The Ministry of Women and Child
Development in the Government of
India and the State Government
should ensure that all positions in the
NCPCR and the SCPCRs ate filled
up well in time and adequate staff is
provided to these statutory bodies so
that they can function effectively and
meaningfully for the benefit of the
Children.
‘All positions of the “Tripura
Commission for Protection of C
Rights” in short form TCPCR had been
filled up (one Chairperson and 6 (six)
Members) and adequate staff have
already been provided
A copy of the Notification vide No.
87(1-306)- CW/DSWE//2017/2103(9)
dated 05-07-2021 is enclosed herewith
and marked as Annexure — R/
"The NCPCR and the SCPCRs should
take their duties, functions and
responsibilities with great
ceamestness keeping in mind the faith
reposed in them by Parliament. A
position in these statutory institutions
is not a sinecure. 1
a very significant and proactive role
to play in improving the lives of
children across the country
¢ bodies have
Noted for compliance. Copy of
the judgment & order dated 09.02.2018
of the Hon'ble Supreme Court of India
passed in Writ Petition (Civil) No.473
of 2005 [Sampurna Behura Vs. Union
of India andOrs.] has been sent to the
Tripura Commission for Protection of
Child Rights for earnest compliance and
complying the directions __ being
followed.
The State level Child Protection
Societies and the District level Child
Protection Units have an enormous
responsibility in ensuring that the JJ
Act is effectively implemented and
Child Care Institutions are managed
and maintained in a manner that is
conducive to the wellbeing of,
‘Noted for compliance. The orders of
the Hon'ble Supreme Court of India
have been communicated to TCPCR
and DCPUs for compliance.
The State Level Child Protection
Society (SCPS), Tripura and District
Child Protection Units (DCPUs) in all 8
districts are functioning effectively.Page - 3 of 14
children in all respects including
nutrition, education, medical
benefits, skill development and
general living conditions. These two
bodies would be well advised to take
the assistance of NGOs and civil
society to ensure that the JJ Act
serves the purpose for which it is
enacted by Parliament,
Child Care Institutions (CCIs) are
managed and maintained following the
provisions of Juvenile Justice (Care and
Protection of Children) Act, 2015 and
Juvenile Justice (Care and Protection of
Children) Model Rules, 2016.
All housed children are provided
nutrition, education, medical benefits,
and skill development
Members from NGO and Civil Society
incorporated in the State Child
Protection Society and District Child
Protection Units.
The State Governments must ensure
that all positions in the JJBs and
CWCs are filled up expeditiously
and in accordance with the Model
Rules or the Rules framed by the
State Government. Any delay in
filling up the positions might
adversely impact on children and this
should be avoided
All positions of the Juvenile
Justice Board in 8 Districts of the State
have already been filled up in
accordance with the Juvenile Justice
(Care& Protection of Children) Model
Rule-2016
The Board is
Principal Magistrate
Magistrate, 1" 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(I-
401CW/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,
headed by a
from JudicialPage - 4 of 14
‘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
S(eight) district are appointed by the
State Government onthe
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-
401CW/DSWE/2018/5016(43) dated,
05-01-2019 and 87U-
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 NoF.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 —
RQ
The JIBs and CWCs must appreciate
that it is necessary to have sittings on
a regular bi
number of inquiries are pending at
so that a minimum
‘Noted for compliance.
‘The Juvenile Justice Boards and
CWCS are sitting on regular basis, as
per need.Page - 5 of 14
‘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,
The NCPCR and the SCPCRs must
carry out time-bound studies” on
various issues, as. deemed
appropriate, under the JJ Act based
on these studies, the State
Governments andthe Union
‘Territories must take remedial steps.
TCPCR has been requested to undertake
such studies,
Tn particular the NCPCR and the
SCPCRs must carry out a study for
estimating the number of Probation
Officers required for the effective
implementation of the JJ Act. based
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 S
Territories.
tate Governments and the Union
Recruitment for 220 posts under various
category through outsourcing under
MissionVatsylaya (Erstwhile CPS)
including Probation Officer is under
Process.Page - 6 of 14
The MWCD must continue to make
creative use of information and
communication technology not only
for the purpose of collecting data and
information but also for other issues
connected with the JJAct such a
having a database of missing
children, trafficked children and for
follow up of adoption With
the utilization of technology to the
fullest extent, administrative
efficiency will improve considerably,
which in tum will have a positive
impact on the lives of children.
Related to the Ministry of Women and
Child Development (MWCD)
It is important for the police to
appreciate their role as the first
responder on issues pertaining to
offences allegedly committed by
children as well as offences allegedly
committed by children as well as
offences committed against children.
There is therefore a need to set up
‘meaningful Special Juvenile Police
Units and appoint Child Welfare
Police Officers in terms of the IJ Act
at the earliest and not only on paper.
In this context, it is necessary to
clearly identify the duties and
responsibilities of such Units and
Officers and wherever necessary,
guidance fromthe available
expertise, either the National Police
‘Academy the Bureau of Police
Research and Development or NGO
must be taken for the benefit of
children.
Noted for compliance. The order of the
Hon'ble Supreme Court has been
conveyed to Home Department for
compliance.
The Special Juvenile Police Units in
short form SJPU have already been set
up by the Police Department of the
State in State Level, District Level, Sub-
Division level, Police Stations level and
Govt. Railway Police Stations of the
(GRPs) Level and details number of
SIPUs are shown below:-
Sl_| Setup of SIPUs | No. of
No SIPUs
T__| State level 1
2._| District level 8
3 (GRP District) 1
level
4 Sub-Divis a
Level
3 | Police Station | 77
level
6 | Govt. Railway | 05
Police Station
level
Total 119Page - 7 of 14
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
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 KIDS 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.
TT [The management of Child Care | Noted for compliance.
Institutions is extremely important
and State Governments and Union
There are 40 nos. of children’s
Home including otherPage - 8 of 14
Territories would be well advised to
ensure that all such institutions are
registered so that children can live a
ignified life in these Institutions and
issues of missing children and
trafficking are also addressed
Institutions all have been registered
under JJ Act.
TZ
State Governments _ and Union
Territories would be well advised to
appoint eminent persons from civil
society as Visitors to monitor and
supervise the Child Cate Institutions
in all the districts, This will ensure
that the management and
‘maintenance of these Institutions are
addressed. We have no doubt that the
State Legal Service Authorities and
the District Legal Service Authorities
will extend full assistance and
cooperation to the Government
authorities in this venture as well as,
to the Visitors,
‘Noted for compliance.
District Level Inspection
Committee has been constituted vide
Notification NoF.87(1-322)-
CW/DSWE/ — 2017/3238(42) dated
18.07.2017 wherein there is a provision
of one Member of the Civil Society
working in the area of Child rights,
care, Protection and welfare to be
nominated by the Chairperson for
inspection of all Child Care Institutions.
The CWCs, JIBs and Hon'ble
District Judges/Addl. District Judges are
visiting the Child Care Institution in all
Districts regularly.
3
The WJ Fund is a bit of an
embarrassment with an abseni
effective response from the welfare
of the children we shudder to think
what could be better utilization of the
funds.
c ofan
Juvenile Justice Fund has
dy been created in the State, by the
State fund for the welfare of Children
and time to time fund alloted &
expenditure incurred are given below
(Rs. in lakh)
alr
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 _ [43.07Page - 9 of 14
2021-22 | 18.00 | 23.04 (upto
18-08-2021)
Total | 255.70_| 239.48
Balance Rs.16.22 lakh. Total 160 nos.
children were given benefits from the
J.1.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 2 of COVID-19
pandemic situation.
Gi) Additional fund
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.
for
14
NALSA has done a remarkable job
in collecting data and itiformation
relating to the JJ Act, as evidenced
by the three-part Report prepared by
it, We request NALSA to. cary
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.
‘Not related to the Respondent herein.
15
‘The importance of training cannot be
over-emphasized. It is
understanding and appreciating child
rights and for the effective
implementation of the JJ Act. All
authorities such as JJBs and CWCs,
Probation Officers, members of the
Child Protection Societies
District Child Protection
vital for
and
Units,
‘Noted for compliance.
The training programme as
required by the JJ.Act have been
organized by this Department involving
the State Legal Services Authority,
Tripura, Judicial Academy for Members
of JIBs and CWCs, Legal-Cum-
Probation Officers, and staff members
of State Child Protection Society,Page - 10 of 11
Special Juvenile Police Units, Child
Welfare Police Officers. and
managerial staff of Child Care
Institutions must be sensitized and
given adequate training relating to
their position. A very positive step
has been taken in this regard by
NALSA and we expect the NCPCR
with the assistance of the SCPCRs to
cary forward this initiative so that
there is meaningful implementation
of the JI Act.
District Child Protection Units, JJBS,
CWCs and CCI.
In pandemic ~— COVID-19
Situation, arranged (Four) nos. on
line training programme organized by
the NIPCCD, Guwahati during the year.
2020-21 for Chairpersons & Members
of CWCs, Social Worker Member of
JIBs, In-charge of CIs, Empanelled
Social Worker and functionaries of CCI
for various matter related to Child Care
& Protection
Online induction training for
newly reconstituted chairperson &
Member s of CWCs & Social’ Worker
Memiber of JJBs are scheduled on 25th
& 26" August,2021 and 8 & 9°
September, 2021 respectively.
Apex Court ha
Prima facie we are satisfied that the State of Tripura has complied
the directions of the Hon’ble Apex Court, However, since the Hon’ble
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 StatePage - 14 of 11
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 concemed 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 leamed Government
Advocate.
(S G CHATTOPADHYAY, J) (INDRAJIT MAHANTY, CJ)