Madrasdated High Court · 2025

W.P.No.4430 of 2018 & batch12.The Union Territory of Puducherry Legal Services Authority, Rep by its Member Secretary, No.3, Lal Bahadur Shastri Street, White Town, Puducherry – 605 001.13.Mr.Manikandan14.The Additional Director General of Police(Crime against Women and Children), Mylapore, Chennai - 600 004.... RespondentsPrayer: For the reasons stated in the accompanying Judgment dated 09.02.2018 in WP (Civil) No.473 of 2005 in Sampurna Behura Vs. Union of India & others passed by the Hon'ble Supreme Court of India, it is prayed that this Court may be pleased to issue a Writ of Mandamus, directing the Respondents for compliance of various directions for effective implementation of Juvenile Justice (Care and Protection of Children ) Act 2015 and to submit report of the above compliance before this Court in the light of the Judgment dated 09.02.2018 passed by the Hon'ble Supreme Court of India.For Petitioner: High Court of MadrasFor Respondents: Mr.T.Chezhiyan Additional Government Pleader (R1-5 &8) Mr.M.Babumuthumeeran Additional Public Prosecutor (for R6&14) TNSLA (R7) No appearance (R9-12) Mrs.Shaikh Mehunisa (for R13)Page 3 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batchCOMMON ORDER(Order of the Court was made by S.M.SUBRAMANIAM, J.)The Suo Motu Public Interest Litigation Writ Petition has been instituted pursuant to the directions of the Hon'ble Supreme Court of India in the case of Sampurna Behura Vs. Union of India & Others in W.P.(C).No.473 of 2005 dated 09.02.2018. Other Writ Petition that has been instituted is similar in nature, more specifically seeking implementation of W.P.(C).No.473 of 2005 dated 09.02.2018 passed by the Hon'ble Supreme Court. The Apex Court in paragraph No.95 of the judgment cited supra issued several directions as under,“95. Keeping in mind the concerns expressed by all learned counsel and the need to invigorate the juvenile justice system in the country, we are of the view that the following directions ought to be given and we do so.1. The Ministry of Women and Child Development in the Government of India and the State Governments should ensure that all positions in the NCPCR and the SCPRs are 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.Page 4 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batch2. The NCPCR and the SCPCRs should take their duties, functions and responsibilities with great earnestness keeping in mind the faith reposed in them by Parliament. A position in these statutory institutions is not a sinecure. These bodies have a very significant and proactive role to play in improving the lives of children across the country.3. 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 well being of 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.4. 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.Page 5 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batch5. The JJBs and CWCs must appreciate that it is necessary to have sittings on a regular basis so that a minimal number of inquiries are pending at 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 carry out time-bound studies on 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 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 emphasised 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.8. 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 Page 6 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batchother issues connected with the JJ Act 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 appreciate their role as the first responder on issues pertaining to 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 JJ 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 from the available expertise, either the National Police Academy or the Bureau of Police Research and Development or NGOs must be taken for the benefit of children.10. The National Police Academy and State Police Academies must consider including child rights as a part of their curriculum on a regular basis and not as an isolated or sporadic event.11. The management of Child Care Institutions is extremely important and State Governments and Union Page 7 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batchTerritories would be well advised to ensure that all such institutions are 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 Territories would be well advised to appoint eminent persons from civil society as Visitors to monitor and supervise the Child Care 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.13. The JJ Fund is a bit of an embarrassment with an absence of an effective response from the State Governments and the Union Territories. If financial resources are not made available for the welfare of the children we shudder to think what could be better utilization of the funds.14. NALSA has done a remarkable job 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 Page 8 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batchaffairs.15. The importance of training cannot be over-emphasized. It is vital for 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 and District Child Protection Units, 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 carry forward this initiative so that there is meaningful implementation of the JJ Act.16. Since the involvement of the State Governments and the Union Territories is critical to child rights and the effective implementation of the JJ Act, it would be appropriate if each High Court and the Juvenile Justice Committee of each High Court continues its proactive role in the welfare of children in their State. To make the involvement and process more meaningful, we request the Chief Justice of every High Court to register proceedings on its own motion for the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 so that road-blocks if any, encountered by statutory authorities and the Juvenile Justice Committee of the High Page 9 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batchCourt are meaningfully addressed after hearing the concerned governmental authorities. A copy of this judgment and order should be sent by the Secretary General of this Court to the Registrar General of each High Court for being placed before the Chief Justice of every High Court for initiating suo motu proceedings.”2.For effective implementation of the directions issued by the Apex Court, it is essential to appoint State Commission for Protection of Child Rights, which is to be constituted under Section 17 of the Commission for Protection of Child Rights Act, 2005.3.Undoubtedly, there is an enormous delay in appointing the Commission and in the State of Tamil Nadu, the Commission is not functioning for more than one and a half years. 4.Mrs.Jayashree Muralidharan, I.A.S., Secretary to Government, Social Welfare Empowerment Department, appearing through video conferencing made a submission that, on account of lis pendens, the Government could not able to appoint the Commission by issuing notification. Now the hurdles are cleared and in pursuance of the orders of the High Court, a Page 10 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batchnotification was issued, calling for applications from the eligible persons for appointment to the post of Chairman and Members of the Tamil Nadu Commission for the Protection of Child Rights. The Secretary to Government would further submit that the process will take minimum two to three months and the Government will expedite the process and constitute the Commission as expeditiously as possible. 5.In view of the said submissions made by the Secretary to Government, Social Welfare Empowerment Department, this Court is inclined to direct the respondents to constitute the Commission under the Act as stated above on or before 20.06.2025, and implement all the directives issued by the Apex Court in the case of Sampurna Behura cited supra. 6.The present Suo motu PIL has been initiated by the High Court, in pursuant to the directives issued by the Apex Court. Therefore, it is expedient on the part of the Government to ensure that the Commission has been constituted for effective implementation of the Juvenile Justice (Care and Protection of Children ) Act, 2015 and other related enactments and Rules, so as to effectively protect the rights of the children.Page 11 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batch7.Child rights are globally recognized, and the protection of children is of paramount importance. It is also a Constitutional duty mandated on the State under the Constitution. Although there has been a delay in appointing the Commission, which is essential for effective implementation of the Act, the pendency of litigations prevented the Government from constituting the Commission. 8.Protection of Child Rights Commission to be constituted is duty bound to deal with all the issues relating to pending complaints or cases in accordance with the provisions of Act and Rules.9.With the above directions, all the Petitions are disposed. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed.10.Registry is directed to list Suo Motu W.P.No.4430 of 2018 on 20.06.2025 under the caption "For Reporting Compliance" before this Bench.[S.M.S., J.] [K.R.S., J.] 24.02.2025Index: Yes/NoSpeaking/Non-speaking order gdPage 12 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batchTo1.The Chief Secretary, Fort St.George, Secretariat, Chennai – 600 009.2.The Principal Secretary, Home Department, Fort St.George, Secretariat, Chennai – 600 009.3.The Principal Secretary, Social Welfare and Noon Meal Programme Department, Fort St.George, Secretariat, Chennai – 600 009.4.The Principal Secretary, Finance Department, Fort St.George, Secretariat, Chennai – 600 009.5.The Principal Secretary/Special Commissioner, Social Defence Department, New No.300, Purasaiwakkam High Road, Kellys, Chennai – 600 010.6.The Director General of Police – Tamil Nadu, D.G.P.Office, Kamarajar Salai, Chennai – 600 004.7.Tamil Nadu Legal Services Authority, Rep by its Member Secretary, Chennai – 600 104.8.State Commission for Protection of Child Rights, (SC for P.C.R), 183/1, Periyar EVR Road, Poonamallee High Road, Kilpauk,Page 13 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batch Chennai – 600 010.9.The Government of Union Territory of Puducherry, Rep by its Chief Secretary, Chief Secretariat, Puducherry.10.The Government of Union Territory of Puducherry, Rep by its Principal Secretary, Home Department, Chief Secretariat, Puducherry.11.The Director General of Police -Puducherry, D.G.P.Office, Puducherry.12.The Union Territory of Puducherry Legal Services Authority, Rep by its Member Secretary, No.3, Lal Bahadur Shastri Street, White Town, Puducherry – 605 001.13.The Additional Director General of Police(Crime against Women and Children), Mylapore, Chennai 0- 600 004.Page 14 of 15 https://www.mhc.tn.gov.in/judis W.P.No.4430 of 2018 & batchS.M.SUBRAMANIAM, J.ANDK.RAJASEKAR, J.gdW.P.No.4430 of 2018, 16797 of 2020 & HCP.MD.Nos.836 of 2013, 334 of 2015, 524, 1190 of 2016 & HCP.Nos.881, 898 of 201624.02.20251/2Page 15 of 15