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Bengaluru, July 23: The High Court of Karnataka has directed the state government to formulate Standard Operating Procedure (SOP) for child protection, particularly for cases of child pornography and child missing.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna passed a detailed order and asked the state government to submit compliance within three months.

The division bench passed the order on two PILs, including a suo motu litigation registered in 2018. The PILs were registered to ensure effective implementation of the directions of the Supreme Court on the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).

The bench observed that in normal courses, courts do not issue writ of mandamus to the legislature on rule-making aspects. However, when the failure of the state is demonstrated under exceptional circumstances, courts can issue directions. The bench directed the state government to expedite the rule-making process to ensure proper implementation of the JJ Act.

The bench expressed displeasure on the insensitive police investigation in cases of child pornography. “The police machinery did not show the sensitivity expected from it while dealing with cases of alleged child pornography. Therefore, it will be appropriate if the state issues SOP or guidelines for dealing with cases of child pornography so that proper investigation is carried out in such cases. As we are directing the formation of SOP for dealing with child pornography cases, the state is also directed to formulate guidelines on child missing cases,” the bench said.

The bench had been issuing several directions since 2018 and has also been monitoring police investigations. The court observed that while the state government has incorporated several directions, some issues still remain unaddressed.

The bench directed the government to have dedicated staff for the Directorate of Integrated Child Protection Scheme considering the sensitive nature of work.

On working of Juvenile Justice Boards (JJB), the court asked the Registrar General of the Karnataka High Court to issue directions to the principal magistrates of all the JJBs in the state to sit on all working days for a minimum of six hours a day. 

The high court directed the state to exercise the rule-making powers for obtaining an annual report from the State Commission for Protection of Child Rights.

Bengaluru, Mar 20: The high court on Thursday directed the government to notify on its official website the penal provisions to be enforced against private schools violating norms relating to fees and safety of students, among other things. A division bench of chief justice Abhay Shreeniwas Oka granted six weeks to the authorities to comply while disposing of a PIL filed by advocate NP Amrutesh.

Earlier, the state government submitted a memo stating that necessary amendments have been brought to Karnataka Education Act in 2017. It said any breach of students' safety entails a minimum jail term of six months and Rs 1 lakh fine for a convicted employee or member of the management. Any institution found guilty by the District Education Regulatory Authority will face disaffiliation and must pay a fine of Rs 10 lakh, the memo said.

Schools collecting donations and other fees beyond what is prescribed can be fined up to Rs 10 lakh and they must refund the excess fee.

In relation to schools charging for applications and brochures, the state capped their prices at Rs 5 and Rs 20 respectively, by issuing a gazzette notification last year.