Case

Bachpan Bachao Andolan v. State of Gujarat (Gujarat High Court, 2026)

Factual Background

The present Public Interest Litigation was filed by Bachpan Bachao Andolan seeking effective implementation of child protection laws in the State of Gujarat. The petition specifically aimed to ensure compliance with the directions issued by the Supreme Court in Sampurna Behura v. Union of India concerning the enforcement of child welfare statutes. The petitioner highlighted serious lapses in the implementation of key legislations, including the Juvenile Justice (Care and Protection of Children) Act, 2015, the Commissions for Protection of Child Rights Act, 2005, and the Protection of Children from Sexual Offences Act, 2012. Concerns were raised regarding deficiencies in Child Care Institutions, lack of monitoring, and failure of statutory authorities to discharge their duties effectively.

Court’s Analysis

The Gujarat High Court undertook a detailed examination of the implementation gaps and categorized them into three broad areas. First, the Court identified critical policy and institutional deficiencies, including the absence of a State Child Protection Policy as mandated under POCSO Rules, failure to conduct social audits of Child Care Institutions, and non-preparation of annual and special reports by the State Commission. The Court observed that in the absence of a formal child protection policy, ensuring the safety and protection of children in institutional settings becomes practically impossible. Second, the Court highlighted widespread district-level non-compliance, noting that Child Welfare Committees were not adhering to due procedures and failed to pass reasoned orders. There were significant lapses such as non-preparation of Social Investigation Reports and Individual Care Plans, poor coordination by District Child Protection Units, and inadequate infrastructure in Child Care Institutions. The Court also flagged the absence of separate facilities for boys and girls in several districts and lack of accessibility measures such as non-display of Child Welfare Police Officers’ details. Third, the Court emphasized failures in monitoring and accountability mechanisms, observing that statutory authorities such as the State Commission for Protection of Child Rights had not effectively performed their mandated roles. The Court underscored that District Magistrates are directly accountable for supervising Child Welfare Committees and ensuring compliance.

Order of the Court

The Court issued specific, time-bound directions to ensure compliance. The State Government was directed to frame a Child Protection Policy, conduct social audits, and ensure preparation of annual and special reports by 30 June 2026. District-level authorities were directed to submit compliance reports within three weeks, to be consolidated by the Gujarat State Legal Services Authority. Reports were also sought regarding non-display of Child Welfare Police Officers in police stations. The State was directed to file an affidavit of compliance regarding statutory obligations of the State Commission. The matter was listed for further hearing on 30 April 2026.

Written by Adv. K. Sri Hamsa