Supreme court rebuked states for non implementation of laws relating to welfare for children

Supreme Court: Rebuking the States and Union Territory(U.T.s) that defaulted in the implementation of the directions issued by the Court by the orders dated January 3, 2013 and February 7, 2013 for implementing the protective provisions contained in the Protection of Rights of Children from Sexual Offences Act, 2012, the Right of Children to Free and Compulsory Education Act, 2009 and the Commission for Protection of Child Rights Act, 2005, a division bench of Hon’ble Surinder Singh Nijjar and Fakkir Mohamed Ibrahim Kalifulla, JJ. re-emphasized the bounden duty of the States under Articles 21, 21A, 23, 24, 45 and 51A (k) of the Constitution.
The Court pointed out that little or no progress has been made by the States with regard to the directions issued and such default constituted a sufficient justification for taking a serious view and initiating appropriate proceedings for contempt of court against the defaulting States and the U.T.s.
Although the States had filed affidavits indicating that the State Commissions have been established but such establishment was only on paper. In most of the U.T.s, State Commissions have not been constituted and although they have been established in some of the States but are not completely constituted as either the Chairperson or Members are not appointed. The defaulting states are Andhra Pradesh, Chattisgarh, Gujarat, Haryana, Himachal Pradesh, Kerala, Tamil Nadu, Nagaland and U.P. The Court directed the Chief Secretaries of these States to file an affidavit within a period of eight weeks from the date of this order, which shall include the details of the State Commissions i.e. whether it has been set up and is functional; whether the Chairperson and six Members have been appointed; whether Special Courts have been designated and Special Public Prosecutors have been appointed; whether all Institutions run by the State Governments or by Voluntary Organisations for Children in need care and protection have been registered under the provisions of Section 34 of the Juvenile Justice (Care and Protection of Children) Act, 2000, etc. [Exploitation of Children in Orphanages in the State of Tamil Nadu,In re, WRIT PETITION (CRL.) No.102 of 2007, decided on 16 December 2013]

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