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HC issues notice to GSLA, seeks response on plea seeking effective implementation of child protection laws

The progress in the case will have to be placed before the HC on the next date of hearing on December 12

gujaratThe court order also said that “it is the duty of the State Commission to monitor and oversee the entire process of Social Audit” (File Photo)

THE GUJARAT High Court (HC) on Friday issued a notice to the Member Secretary of the Gujarat State Legal Services Authority (GSLA) to submit a response in the ongoing public interest litigation seeking effective implementation of the Juvenile Justice Act and other child protection laws.

The HC noted the submissions of the advocate representing the petitioner, Bachpan Bachao Andolan – an initiative of Nobel Laureate Kailash Satyarthi, contending that the reply submitted by the state government to the issues raised before the court were “half-hearted.” The Division Bench of Chief Justice Sunita Agarwal and Justice DN Ray, in an oral order on Friday, issued a notice to the Member Secretary, GSLA, to submit a response to the issues raised by the petitioners, also directing the Member Secretary to submit a report “on each of the pertinent issues raised” by the petitioner.

short article insert The oral order of the court also pointed out that the State Commission constituted under the Protection of Child Rights Act, 2005, “after the intervention by this court in the present petition,” is “required to initiate the Social Audit for the year 2025-2026 in accordance with the scheme of the Act, 2015, and to ensure its completion on or before March 2026”. The court order also clarified that the social audit must be conducted in respect of the institutions established under the Juvenile Justice Act such as Child Welfare Committees (CWCs), Juvenile Justice Boards (JJ Boards), and Special Juvenile Police Units (SJPUs), Children Homes, Specialized Adoption Agencies, Open Shelter/Shelter Homes, Observations Homes and Special Homes.

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The court order also said that “it is the duty of the State Commission to monitor and oversee the entire process of Social Audit.” The progress in the case will have to be placed before the HC on the next date of hearing on December 12.

The court order also noted that in the written submissions filed by the petitioners, issues were raised with regard to implementation of directions given by the Supreme Court in previous cases as well as other issues that require the intervention of the court to fulfill the objectives and purposes of the Juvenile Justice Act and other laws, “to protect the rights of the children”, especially the working of the statutory bodies created under the scheme.

The petition has flagged the issue of protocol for rehabilitation of children in institutions as well as vacant positions in panels created to protect children’s rights as well as Juvenile Justice Committees in many districts.

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