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States’ apathy on child laws irks Supreme Court

-The Times of India


NEW DELHI: The Supreme Court has slammed states and Union territories for adopting an "utterly callous attitude" in enforcing path-breaking laws enacted by Parliament to protect children from sexual exploitation and to ensure them their rights including right to education.

The court had on January 3 issued a series of directions asking states and UTs to implement three laws: Protection of Rights of Children from Sexual Offences Act, 2012; Right of Children to Free and Compulsory Education Act, 2009; and the Commission for Protection of Child Rights Act, 2005. It had also asked them to set up necessary implementing agencies prescribed under the laws.

A bench of Justices S S Nijjar and F M I Kalifulla on Monday said these orders were to be implemented in three months, but most of the states had failed to do so. It directed the chief secretaries of the defaulting states to give details in eight weeks about the steps taken to implement the three laws.

"In many states, chairman of the commission has not been appointed and in some other states, even members have not been appointed. This apart, necessary rules and regulations have also not been framed. This, in our opinion, would be sufficient justification for this court to take a serious view and initiate appropriate proceedings for contempt of court against the defaulting states and Union territories," it said.

"We have been pained to notice the utterly callous attitude adopted by the states and UTs. We, therefore, have no option at this stage but to issue some further mandatory directions to ensure that the exploitation of the children in all spheres of life is brought to an end with utmost expedition," the bench said.

The court directed the chief secretaries of the defaulting states to give details in eight weeks about the steps taken to implement the three laws.