Summary
Addressing abuse in child care institutions, the Court interpreted children in need of care and protection broadly and issued nationwide implementation directions. Registration, minimum care standards, individual care plans, inspections, functional child-rights commissions, training and social audits were required. The judgment fixed 2017 compliance milestones and required a January 2018 status report.
Issues
- Whether the statutory definition exhaustively limits children entitled to protection.
- What measures were necessary for effective implementation in child care institutions.
Provisions considered
- Sections 2(14), 41, 53 and 54, Juvenile Justice (Care and Protection of Children) Act, 2015The protective definition is illustrative; registration, rehabilitation and inspection duties require effective implementation. (¶¶ 18–26, 43–46, 62)
Held
- Section 2(14) warrants a broad, purposeful construction extending protection to children actually needing State care, including victims of sexual abuse. (¶¶ 17–23, 62(1))
- All institutions were to be registered with validated data by 31 December 2017; child databases required monthly updating with confidentiality and privacy safeguards. Minimum care standards and individual care plans were also required by that date. (¶¶ 62(2–3), 62(7))
- Inspection committees were to be constituted by 31 July 2017 and report their first inspections by 31 December 2017. Directions also addressed grants, rehabilitation, commission vacancies, training, alternatives to institutionalization, social audits and assistance to High Court committees. (¶ 62(4–12))
Result
Directions issued; Union to communicate and collate compliance and file status report by 15 January 2018. Other issues and applications for clarification left open.