Rajasthan High Court: While taking a Suo Motu cognizance based on a newspaper article published in ‘Rajasthan Patrika’ on 25-09-2024, which reported a widow residing in a tent on a footpath with her four minor children, including two daughters and highlighted negligence in implementing child protection laws and schemes in Rajasthan, a single-judge bench of Anoop Kumar Dhand, J., issued notice to the respondents and directed them to provide immediate care, protection, and shelter to the children and their mother residing in the tent.
The instant matter arose from a report published in Rajasthan Patrika, highlighting a distressing situation involving a widow residing on a footpath in Jaipur with her four minor children, including two daughters. The woman had submitted an application to the Child Welfare Committee (CWC) requesting the safe placement of her children due to fear of potential harm, especially to her daughters. Despite submitting the application a month earlier, no protective action had been taken by the CWC, and the official concerned claimed ignorance of the matter. The report highlighted negligence in implementing child protection laws and schemes in Rajasthan.
The Court, upon reading the newspaper report, took suo motu cognizance and framed the issue of whether the State and relevant authorities had failed in their duties to provide care and protection to vulnerable children, as mandated by law, and whether effective measures were being implemented for child welfare.
The Court emphasised that protecting rights is not only a legal obligation but also a moral imperative. It was stated that a child’s right to protection includes freedom from exploitation, abuse, and inhumane treatment. The Court stated that various constitutional provisions, such as Article 15 and Article 21, guarantee children protection from exploitation, abuse, and inhumane treatment. Additionally, the Directive Principles (Article 39) require the State to ensure children’s safety and development.
“In India, millions of children face challenges that threaten their safety, well-being and development. The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment.”
The Court also highlighted the existing legislative framework, such as the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015). The Court stated that these laws, along with initiatives like ‘Mission Vatsalya Scheme, 2022’, are aimed at providing comprehensive protection and care for children in need.
The Court noted that despite the presence of various laws, policies, and institutions for child protection (such as the Rajasthan State Commission for Protection of Child Rights and the CWC), there was a failure to provide timely assistance to children in need, resulting in vulnerable children remaining in unsafe conditions. The Court noted that the delay in action by the CWC and the officials involved reflected poor implementation of the protective measures mandated under the law.
The Court referred to Exploitation of Children in Orphanages, In re, (2017) 7 SCC 578 and Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1, where the Supreme Court held that “no child should be deprived of his fundamental rights given under the Constitution of India and held that no child should be subjected to abuse, be it physical or emotional.”
The Court issued notices to the Chief Secretary of Rajasthan, Department of Child Rights, Rajasthan State Commission for Protection of Child Rights, Child Welfare Committee, Ministry of Women and Child Development (Union of India), and the Rajasthan State Legal Services Authority. The Court directed the respondents were directed to provide immediate care, protection, and shelter to the children and their mother residing in the tent.
The Court further directed the Chief Secretary of Rajasthan and other respondents to submit a report within two weeks on the steps taken to ensure child protection, including proper implementation of laws and policies related to child rights. The Court listed the case for further hearing on 16-10-2024 and stated that the Court would issue appropriate directions based on the report from the respondents.
[Suo Motu : In the matter of Children in need, care and protection v. State of Rajasthan, 2024 SCC OnLine Raj 2922, Decided on 01-10-2024]
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