Supreme CourtDivision Bench(2013) 01 SC CK 0112

Re: Exploi. of Chiln. Inj Orph. In St. of T.N. vs Union of India and Others

Supreme Court Of India · Decided on 3 January 2013 · Citation: (2013) 1 SCALE 379 : (2014) 2 SCC 191

HON’BLE JUDGES
Surinder Singh Nijjar, J · Sudhansu Jyoti Mukhopadhaya, J
RESULT
Allowed
CASE NUMBER
Writ Petition (Criminal) No. 102 of 2007

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Judgment

24 paragraphs · 304 words
1.

Ms. Indira Jaisingh, learned Additional Solicitor General appearing for the National Commission for Protection of Child Rights has handed over a list of 19 States/Union Territories which have not constituted Commissions for protection of child rights u/s 17 of the Commissions for Protection of Child Rights Act, 2005:

1.

Andaman and Nicobar

2.

Andhra Pradesh

3.

Arunchal Pradesh

4.

Chandigarh

5.

Daman and Diu

6.

Dadra and Nagar Haveli

7.

Gujarat

8.

Haryana

9.

Himachal Pradesh

10.

Kerala

11.

Lakshadweep

12.

Meghalaya

13.

Mizoram

14.

Nagaland

15.

Pondicherry

16.

Tamil Nadu

17.

Tripura

18.

Uttar Pradesh

19.

West Bengal

She seeks issuance of a direction to the aforementioned States/Union Territories for complying with Section 17 of the said Act and to appoint necessary Commissions.

2.

Issue notice to the learned Counsel appearing for the aforementioned States for 14th January, 2013. It is made clear that any instructions that the counsel for the aforementioned State need to take ought to be taken before the next date of hearing as it is the intention of the Court to issue the necessary directions on that date.

3.

Learned Additional Solicitor General also points out that similar provisions are also contained in the Protection of Rights of Children from Sexual Offences Act, 2012 and the Right of Children to Free and Compulsory Education Act, 2009. She further emphasizes that these Commissions are necessary to monitor the implementation of the provisions of the Act. Without such Commissions being appointed, there cannot be effective monitoring for implementation of these Acts.

4.

Consequently, all the learned Counsel are directed to seek specific instructions as to the steps already taken by the States for implementing the provisions of these Acts and, if not implemented, the time within which the necessary Commissions will be constituted. List this matter on 14th January, 2013.