Relevance: GS-2: Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources; Welfare Schemes for Vulnerable Sections of the population by the Centre and States and the Performance of these Schemes; Issues relating to Poverty and Hunger;

Key Phrases: NCPCR, CiSS, Amicus Curiae, NRCs, Snehalaya

Why in News?

• The Supreme Court, on Monday (21st February 2022) directed the State Governments and Union Territories to implement the suggestions made by National Commission for Protection of Child Rights (NCPCR) with respect to Children in Street Situations ("CiSS") in the Standard Operating Procedure for Care and Protection of Children In Street Situation 2.0 (SOP 2.0).
• However, the Apex Court granted permission to State Governments to approach the NCPCR with modifications, if required.

Key Highlights of the article

• Bench comprising Justice L.Nageswar Rao and B.R. Gavai noted about SOP 2.0 that it provided a comprehensive framework, which includes
  • Identification of CiSS,
  • Their recognition,
  • Their categorisation,
  • Measures for ensuring care and protection, rehabilitation
• Evolution
  • Bench had been previously apprised by Advocate, Mr. Gaurav Agarwal, Amicus Curiae in the matter, that in absence of a standard policy for rehabilitation of CiSS, there is no uniformity in the actions of states to care for CiSS
  • Bench had asked state governments to consult NCPCR and draft a rehabilitation policy.
  • The recent SOP 2.0 is the resultant of this consultation
• Rationale for special attention
  • The rescue of CiSS shouldn’t be restricted as a temporary plan. They must be rehabilitated in order to avail opportunities to develop themselves as per their aspirations and calibre.
• Prevailing issues
  • Non-updation of data in Baal Swaraj Portal
    • Particulars of only 17,000 children has been uploaded till fate
  • States are yet to respond to SOP 2.0 released by NCPCR
  • Breach of duty by Police by not taking appropriate care of children being caught begging
    • Whenever an officer spots a child begging in public places, they are obligated by Section 75 of Juvenile Justice (Care and Protection of Children) Act 2015, to register a case and make sure that the child is taken care of.
  • Lack of cooperation from the district administration and concerned departments
• Suggestion from the bench
  • As 20 states were consulted while framing the draft policy, the document should be considered to be consensus based.
  • The details of mere 17,000 people have been updated vis-a-vis an estimated 15-20 Lakhs. States and UTs must show intent in taking the necessary measures to update the details on Baal Swaraj Portal.
  • State officials must coordinate with NCPCR for developing a holistic framework where child rights of destitute children can be ensured and any welfare measures extended by centre and states can reach them.

Issues faced by CiSS

• For economic reasons, children are forced to choose between domestic and community violence in the slums and public violence on the street
• Child Trafficking
• Dearth of human development interventions which can increase their human capital
• Lack of political will to consider them as politically relevant and hence they suffer from Policy negligence
• Child Labour

Measures to solve the crisis

• Documenting their number and registering them
  • Baal Swaraj Portal can be instrumental in this regard
  • The Hon’ble Supreme Court in SMWP No. 4 of 2020 “In Re. Contagion of Covid-19 virus in Children Homes”, vide order dated 28.05.2021 has directed all district officers across the States /UTs to fill data on the Commission’s portal, related to children who have become orphan before Saturday evening (29.05.2021 evening) on Bal Swaraj portal under the COVID-Care link
• Providing appropriate nutrition by registering them with Nutrition Rehabilitation Center (NRCs).
• Taking aid of relevant NGOs (Snehalaya) for better targeting and beneficiary identification
• Providing aid to orphanage and other destitute centres so that basic needs of such children are taken care of and they can be enabled to lead a dignified life.

Source: live-law

Mains Question:

Q. Mention the challenges faced by Children in Street Situations (CiSS) and the steps taken in order to improve their condition?