The Bombay High Court has directed the State of Maharashtra to fill vacancies in the Child Welfare Institutions within a period of three months.

In that context, the Bench of Justice MM Sathaye and Justice Nitin Jamdar observed that, "shortfalls pose a serious threat to the well-being of children, undermining their rights and leaving them vulnerable to exploitation and neglect. The lives of countless children are at stake and apathy towards child protection can perpetuate cycles of abuse, hinder educational opportunities, and jeopardize the overall well-being of the future generation. Thus urgent action is required to rectify the deficiencies in the implementation of child protection measures in Maharashtra. Proactive measures are required by the State to address staffing challenges, strengthen reporting mechanisms, and use technology for child welfare."

Counsel Pragyan Sharma, along with others, appeared for the petitioners, while Government Pleader PP Kakade, AGP RA Salunkhe and AGP SB Kalel appeared for the State.

A PIL filed by the NGO Bachpan Bachao Andolan sought the enforcement of guidelines outlined in 2018 by the Supreme Court in Sampurna Behura v. Union of India, highlighting the states' failure to effectively implement provisions of the Juvenile Justice Act. The petition underscored shortcomings in the establishment and operation of various child protection institutions mandated by law. It brought attention to a significant number of vacancies in crucial positions within these institutions, hampering the effective execution of child protection measures in the state.

It was noted that 4 out of 12 positions in the Commission were vacant, with the remaining 8 being occupied through transfers and temporary appointments. Additionally, out of 17 positions in the State Child Protection Society, 7 were vacant. In District Child Protection Units, 152 out of 432 positions remained unfilled. Similarly, 4 out of 38 sanctioned Juvenile Justice Boards were operating with vacancies. Child Welfare Committees had 20 out of 175 sanctioned posts vacant. Notably, out of 493 Child Care Institutions, 115 lacked Management Committees.

The Court issued the following directions:

(i) The Respondent State Authorities shall, within a period of three months, fill up the vacant posts in the Maharashtra State Commission for Protection of Child Rights;

(ii) The Respondent State Authorities shall take steps to initiate the process of filling up anticipated vacancies in the Commission four months in advance to ensure that the posts do not remain vacant. Necessary instructions to implement a framework to fill up vacancies in time be issued to all the concerned departments and agencies within four weeks;

(iii) The Respondent State Authorities shall take steps to fill in all the vacant posts in the State Level Child Rights Protection Society and the District Level Child Rights Protection Units within a period of three months;

(iv) The Respondent State Authorities shall take steps to initiate the process of filling up anticipated vacancies in the State Level Child Rights Protection Society and in the District Level Child Rights Protection Units four months in advance to ensure that the posts do not remain vacant. Necessary instructions to implement a framework to fill up vacancies in time be issued to all the concerned departments and agencies within four weeks;

(v) The Respondent State Authorities shall fill up vacant posts, in the Juvenile Justice Board in the State within a period of three months;

(vi) The Respondent State Authorities shall take steps to initiate the process of filling up anticipated vacancies in the Juvenile Justice Board four months in advance to ensure that the posts do not remain vacant. Necessary instructions to implement a framework to fill up vacancies in time be issued to all the concerned departments and agencies within four weeks;

(vii) The Respondent State Authorities will take steps to fill the vacant posts in Child Welfare Committees within a period of three months;

(viii) The State Authorities shall take steps to initiate the process of filling up anticipated vacancies in the Child Welfare Committees four months in advance to ensure that the post do not remain vacant. Necessary instructions to implement a framework to fill up vacancies in time be issued to all the concerned departments and agencies within four weeks;

(ix) All Child Welfare Committees shall ensure that as per mandate under Section 28 of the Act of 2015 the Committees shall meet at least twenty-one days a month;

(x) The Respondent State Authorities shall take steps to fill up the vacant posts of District Protection Officers and vacant posts of Probation Officers within a period of three months;

(xi) The State Authorities shall take steps to initiate the process of filling up anticipated vacancies in the District Protection Officers and the Probation Officers in advance to ensure that the posts do not remain vacant. Necessary instructions to implement a framework to fill up vacancies in time be issued to all the concerned departments and agencies within four weeks;

(xii) The Respondent State Authorities shall notify the constitution of the Committee under Section 16(2) of the Act of 2015, including the nominated members under Section 16(2), within a period of two months. The Secretary, Women and Child Welfare Department will place the data envisaged under Section 16(2) before the High Power Committee. Thereafter, the Secretary will convene, with the consultation of the Chairman of the High Power Committee, the meetings of the said Committee every six months;

(xiii) The Respondent State Authorities shall ensure that the Annual Report for the years 2018 to 2023 is published within a period of four months;

(xiv) The Respondent State Authorities shall ensure that in the future the Annual Report is prepared and made accessible online by the end of June every year. Necessary instructions to implement a framework to publish the Annual General Report every June be issued to all the concerned departments and agencies within four weeks;

(xv) The Respondent State Authorities will issue necessary directions to constitute the Special Juvenile Police Units in the districts and the cities in the areas where they have not been so constituted within a period of three months under the charge of the officers not below the rank of Deputy Superintendent of Police. The State shall also review the existing Special Juvenile Police Units, and if the officers of the rank of Deputy Superintendent of Police and above are not part of the said units as envisaged under Section 107 of the Act of 2015, the State will issue necessary directions to reconstitute the said units within a period of three months;

(xvi) The Respondent State Authorities shall issue necessary directions to ensure that, in every police station, at least one officer not below the rank of Assistant Sub-Inspector, as envisaged under Section 107 of the Act of 2015, is designated as the Child Welfare Officer within a period of four months;

(xvii) Necessary instructions shall be issued within four weeks to ensure, as envisaged under Section 103, that all police officers take a periodical review of the progress, and training be given to them;

(xviii) The Respondent State Authorities shall ensure that registered Child Care Institutions, that do not have Management Committees as per Rule 41 of the Rules of 2018, set up Management Committees as envisaged under Rule 41(3) of the Rules of 2018 and Children Committees under Rule 42 of the Rules of 2018. The Respondent State Authorities shall constitute the same and necessary instructions shall be given to each Institution that they should set up the management committees within a period of three months. The District Collector in each district will aid and assist the Authorities under the Act of 2015 in achieving the said purpose;

(xix) In case, despite the directions, the Child Care Institutions do not set up the Committees as envisaged under Rules 41 and 42 of the Rules of 2018, the State would take necessary action against the said Institutions. This position be informed to the Institutions by Instructions/ Circular within four weeks;

(xx) The Respondent State Authorities will prepare a draft of the protocol for information and rehabilitation of the children as per Rule 94(1)(iii) of the Rules of 2018 within a period of three months and proceed to finalise the same at the earliest;

(xxi) The Respondent- State Authorities will take steps to populate the data pertaining to Maharashtra on the National Mission Vatsalya Portal set up by the Central Government within a period of three months, and also the data regarding missing and rescued children identified pertaining to Maharashtra be submitted on the Go Home and Reunite Portal developed by the National Commission within a period of three months;

(xxii) The Secretary of the Women and Child Welfare Department, will take a review as regards the status of Rehabilitation Cards, whether it has been issued to the children who are entitled to them, and after taking a review, issue necessary instructions to issue rehabilitation cards to those who are entitled to it as per the Rules;

(xxiii) The Respondent State Authorities shall prepare a Social Audit by June 2024, and thereafter carry out a Social Audit every year and submit a report by the end of June every year. Necessary instructions to implement a framework to carry out and submit the social audit by June every year be issued to all the concerned departments and agencies within four weeks;

(xxiv) The Respondent State Authorities will consider setting up a Task Force involving domain experts in the field of Data Analysis, either in-house or with outside agencies, for evolving methods of analysis of existing data to generate reports and other details for the effective implementation of the Act of 2015.

(xxv) The timeline will come into force from the date the order is uploaded on the server.

Appearances:

Petitioners: Counsels Pragyan Sharma, Tejesh Dande, Bharat Gadhavi, Taruna Panwar, Surabhi Katyal

Respondents: Government Pleader PP Kakade, AGPs RA Salunkhe, SB Kalel

Cause Title: Bachpan Bachao Andolan & Anr. vs Sampurna Behura

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Bombay High CourtJustice Nitin JamdarJustice MM SathayeChild Welfare Institutions

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