EXPLOITATION OF CHILDREN IN ORPHANAGE IN STATE OF T.N. Vs. UNION OF INDIA
LAWS(SC)-2013-2-101
SUPREME COURT OF INDIA
Decided on February 07,2013

Exploitation of Children in Orphanage in State of T.N. Appellant
VERSUS
UNION OF INDIA (UOI) Respondents

JUDGEMENT

- (1.) Pursuant to our order dated 3rd January, 2013, the Stale of Andhra Pradesh has filed an affidavit in which it is stated that on 4.12.2012, the State Government have issued orders for constitution of the Commission for protection of child rights. A Selection Committee has also been constituted for making recommendations for selection and appointment of Chairperson and members of the Commission. With regard to the implementation of the Protection of Children from Sexual Offences Act, 2012, it is stated that the State Government is taking steps in consultation with the Chief Justice of the High Court to designate a Court of Sessions to be a Special Court for each district under Section 28(1) to try the offences under the Act, and for appointment of Special Public Prosecutor for implementation of the Protection of Children from Sexual Offences Act, 2012. With regard to the implementation of the Right of Children to Free and Compulsory Education Act, 2009, the constitution of Right to Education Protection Authority (REPA) is under the consideration of the Government of Andhra Pradesh. From the above, it is apparent that so far no tangible progress has been made in the State of Andhra Pradesh for protection and education of children under all the three Acts. We, therefore, direct the State of Andhra Pradesh to comply with the obligations under the aforesaid three Acts with regard to the setting up of protection institutions/implementation institutions, together with necessary rules and Regulations, within a period of three months from the date of receipt of a certified copy of this order. ARUNACHAL PRADESH:
(2.) No affidavit has been filed by the State of Arunachal Pradesh. However, Mr. Anil Shrivastav, learned Counsel appearing for the State of Arunachal Pradesh submits, on instructions, that the State of Arunachal Pradesh is in the process of establishing the State Commission. He requests for a further period of six months for establishment of the State Commission. We are not inclined to accept the request made by the learned Counsel. The Government of Arunachal Pradesh is directed to take necessary steps for complying with the mandatory obligations under the aforesaid three Acts, within three months from the date of receipt of a certified copy of this order. UNION TERRITORY of CHANDIGARH:
(3.) Union Territory of Chandigarh has filed an affidavit on 11.1.2013. It is stated in the affidavit that the Administrator of the Union Territory of Chandigarh has already approved the constitution of a Commission under the Commission for Protection of Child Rights Act, 2005. However, the Administrative approval from the Ministry of Women & Child Development is necessary before the Commission can be made functional.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.