Expedite process for juvenile justice: Gauhati High Court

Staff Reporter

Guwahati: The Gauhati High Court, regarding the framing of the Child Protection Policy and notifying the Juvenile Justice (Care and Protection of Children) Rules in the state, expressed the ‘hope and trust’ that the authorities in the Women and Child Development Department and the Legislative Department shall expedite the process for the same.

The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury stated this while hearing a public interest litigation (Case No.: PIL/60/2019) filed by Bachpan Bachao Andolan and Sampurna Behura, with the linked case (PIL (Suo Moto)/1/2018) relating to the framing of the Child Protection Policy and notifying the Juvenile Justice (Care and Protection of Children) Rules in the state, as in the rest of the country.

During the course of the hearing, Senior Government Advocate D. Nath produced instructions from the Commissioner & Secretary to the Women and Child Development Department, Assam, regarding the current status of several directions. For direction no. 1, whether JJBs have been constituted in each and every district of Assam and whether the Juvenile Justice Boards (JJBs) are constituted properly in accordance with the Juvenile Justice (Care and Protection of Children), the current status was given as ‘Yes’.

As for direction no. 3, regarding the last date of tenure of various members in JJBs, the current status as of December 31, 2025, is that all vacancies in JJBs were filled up in 21 districts. Also that there are only 5 vacancies – Barpeta, Hailakandi, West Karbi Anglong, Bongaigaon and Sribhumi – at present.

The court, in the instant hearing, was primarily concerned about earlier directions 6, 7 and 8.

Direction 6, concerning the ‘Status of Child Protection Policy’, the current status was quoted: “After framing the draft Child Protection Policy, the same was sent to the Judicial Department for their views. The Judicial Department has sought some clarifications, which are in the process of being replied to.”

As for Direction 7—Status of Juvenile Justice (Care and Protection of Children) Rules—the current status was stated as, “The file (No. E-523168) was endorsed to the Legislative Department for vetting the draft Assam Juvenile Justice (Care and Protection of Children) Rules, 2025, on 23.07.2025. Following a series of clarifications between July and October 2025, the file was returned to the Legislative Department on 15.10.2025 and remains there. Upon vetting, the Rules will be placed before the Cabinet for approval.”

Regarding Direction 8—Status of the Social Audit—the current status was quoted as, “The Law Department of Gauhati University has submitted the final draft report for views. Views have been furnished to them. The final report is expected soon and will thereafter be placed before the Hon’ble High Court.”

In respect of the aforesaid directions, the court today observed that, as regards the directions contained in serial No. 6, the current status does not disclose the dates on which the exchange of communications relating to the forwarding of the draft to the Judicial Department took place, nor are the other dates relevant for arriving at a conclusion available.

Similarly, in respect of serial No. 8 concerning the status of the Social Audit, relevant dates have not been provided for ascertaining the current status thereof. Accordingly, on the next date of listing, the Senior Government Advocate was instructed to inform the relevant dates.

He was also asked to obtain instructions regarding the estimated time within which the process, with respect to the directions under serial Nos. 6, 7, and 8, would be completed.

The court also directed the standing counsel for the High Court to obtain the pendency status of the proceedings before the JJBs in the State of Assam and produce it on the next date of listing on February 7, 2026.

The court expressed ‘hope and trust that the authorities in the Women and Child Development Department and the Legislative Department shall expedite the process of framing the Child Protection Policy and notifying the Juvenile Justice (Care and Protection of Children) Rules’. Similarly, the court also requested the Law Department of Gauhati University to expedite the submission of the final report on the social audit.

Also Read: Assam using civil disobedience approach to address illegal Bangladeshi influx: CM Himanta