Addressing Child Care and Protection in India: Supreme Court’s Ruling on the State’s Responsibility

The case of Sampurna Behrua v. Union of India & Ors. revolves around critical issues of child protection and welfare, particularly focusing on children who are victims of violence, including sexual abuse, and the lack of adequate care in Child Care Institutions across India. The Supreme Court was involved in ensuring that steps were being taken to address the gaps in the welfare and protection of children under Indian law.

Background of the Case

The petition was filed by Sampurna Behrua under a writ petition concerning the condition of children in Child Care Institutions, where children, particularly those who are victims of abuse, are housed. The case revolves around six important issues that need to be addressed in relation to the welfare of children, especially those in Child Care Institutions and the measures being taken by the government to protect them from violence, including sexual violence.

Arguments by the Petitioner

Sampurna Behrua, the petitioner, raised the following concerns:

The lack of proper procedures for the protection of children in Child Care Institutions.
The need for a standard operating procedure (SOP) to deal with children who are victims of violence.
Failure of State Governments and Union Territories in implementing and following up on the necessary child welfare protocols.

Arguments by the Respondent

The Union of India and the other respondents argued that:

Efforts are being made to create a child protection policy and to streamline the processes to address issues of violence against children in institutional care.
The Ministry of Women and Child Development has been working on drafting an SOP and engaging with states for implementation.
There have been continuous improvements, and reports from states are being compiled and reviewed to ensure children’s protection rights are being upheld.

Observations by the Supreme Court

The Court made several key observations on the status of child protection in India:

“The SOP is not ready yet, but in the interim, an advisory has been issued to all State Governments and Union Territories outlining the protocol to be followed in case of violence against children, sexual or otherwise.”

The Court also highlighted that the study and reports by the National Commission for Protection of Child Rights (NCPCR) should be shared with all states for transparency and implementation. Furthermore, the Court noted:

“It is essential that all Child Care Institutions are registered and their details shared with the NCPCR to ensure better monitoring and oversight.”

Additionally, the Court took note of the child protection policy, stating:

“The draft of the Child Protection Policy should be circulated widely once available, inviting suggestions from concerned stakeholders for comprehensive child welfare measures.”

Final Judgment

The Supreme Court issued several directions based on the observations made during the hearings. The Court ordered that:

The SOP for children who are victims of violence be finalized and shared with all State Governments and Union Territories as soon as possible.
The NCPCR should ensure that the information regarding Child Care Institutions is complete, with all states providing their reports within two weeks.
The Child Protection Policy draft, once prepared, should be circulated for public suggestions before finalization.
The National Institution for the benefit of children should be empowered to assist in the enforcement of the Court’s directions, with strengthening of institutions like the National Institute for Public Cooperation and Child Development.
Reports and status updates on Child Welfare Committees and Juvenile Justice Boards be submitted to the Court for further review.

The Court also directed that any status reports or affidavits to be filed must be given to the learned Amicus curiae at least three days in advance for proper scrutiny.

The Court expressed its appreciation for the efforts made by the Ministry and the learned counsel in addressing child protection issues and ensuring that these steps are followed through for the welfare of children across the country.

The matter was listed for a follow-up hearing in January 2019, to review the progress made on these issues.

Petitioner Name: Sampurna Behrua.
Respondent Name: Union of India & Ors..
Judgment By: Justice Madan B. Lokur, Justice S. Abdul Nazeer, Justice Deepak Gupta.
Place Of Incident: India.
Judgment Date: 27-11-2018.

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