Kerala High Court Enforces 15 Directives to Strengthen Juvenile Justice System, ETLegalWorld
Kochi: Kerala high court has issued a set of directives for the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the guidelines laid down by the Supreme Court for the proper functioning of the Juvenile Justice System in India.
The directives include finalising and notifying the Model Rules, 2016, for implementing the 2015 Act within three months.
A bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued 15 directives while disposing of two petitions, one filed by Bachpan Bachao Andolan, an NGO working towards the eradication of child trafficking and slavery, founded by Nobel Peace laureate Kailash Satyarthi, and the other a suo motu case initiated by HC in compliance with SC’s directions to all high courts.
In its directives, HC directed the state govt to fill the vacancies in the Kerala State Commission for Protection of Child Rights (KeSCPCR) within four weeks and to ensure that the process of filling future vacancies is initiated at least four months before they arise. Similarly, a comprehensive multi-stakeholder standard operating procedure (SOP) or equivalent guidelines must be prepared for conducting annual inspections of all Child Care Institutions (CCIs) to ensure an effective monitoring mechanism.
The remaining process of reconstituting Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) shall be completed within eight weeks. CWCs must meet at least 21 days a month, as mandated under Section 28 of the 2015 Act. The process of filling anticipated vacancies in JJBs and CWCs shall also be initiated at least four months in advance to ensure that posts do not remain vacant.
Additionally, HC directed that a draft protocol for information and rehabilitation of children be prepared within three months and finalised at the earliest. Data regarding missing and rescued children identified in the state shall be uploaded on the National Mission Vatsalya Portal within three months. The state has also been instructed to issue necessary directions for constituting special juvenile police units (SJPUs) in all districts and cities where they are yet to be established, within three months. Furthermore, at least one officer not below the rank of assistant sub-inspector shall be designated as the child welfare officer (CWO) in every police station within four months.Finally, the court stated that the responsibility for implementing these directives rests with the women and child welfare department principal secretary.
