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The bench of Supreme Court of India comprising of Justice Deepak Gupta and Justice Madan B. Lokur, which was dealing with the incident that shook the nation where 34 girls were brutally raped in a shelter home in Bihar, has sought Centre’s view on establishing a national-level body for child protection and rehabilitation. The bench said that just like there is National Judicial Academy for legal education and National Institute of Criminology, there is a pressing need for establishment of a body for the above mentioned purpose on similar lines. The bench went on to suggest that the body being talked about may be in nature of a center for excellence or it can be an institution that caters to various need of disadvantaged children like helping in investigation, punishments, trial procedures, physical and psyco-social rehabilitation, etc. The center shall revert on the same in four weeks after consulting various departments of the Government of India. The judge quoted a recent case where a 6 month old baby was raped in Rajasthan and questioned the kind of rehabilitation offered in such cases that are heard of on a daily basis. To this, ASG Pinky Anand sought a four week’s period for giving a comprehensive reply. She went on to suggest that instead of creating a new separate body, the scope of activity of an existing institution can be broadened. The Joint Secretary to the Ministry of Women and Child Development (MWCD), who was also present in the court on Monday, suggested a vertical structure for protection of children by utilizing existing resources and facilities. Furthermore, the Joint Secretary threw light on the formulation of an overarching policy for awareness generation for empowerment of people along with covering the goal of child protection. Amicus Curiae Advocate Aparna Bhat put forward a recommendation wherein the government is to draft its position into a policy which would be followed by the states. ASG Pinky Anand said that till the time such a policy is being drafted, the government would come up with an interim advisory that would be followed by the states. The apex court recorded these submissions and also sought a status report regarding the existence of Child Welfare Committees and training of their members. Report was also sought on functioning of Juvenile Justice Boards. Justice Gupta also talked about licensed counselors for rehabilitation. The bench further recommended the Joint Secretary the involvement of experts in over-viewing of the working of child care institutions for enhancing efficacy of the study that the National Commission for Protection of Child Rights (NCPCR) undertakes to examine condition of these institutions.
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