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| 'Constitute juvenile justice boards before Dec 28' | | DB directs SWD to give details of facilities provided in juvenile homes | | Early Times Report
Srinagar, Dec 4: Observing that the purpose that ought to have been achieved under Juvenile Justices Act has been 'frustrated', a division bench of state High Court Justice M H Attar and Justice Janak Raj Kotwal has directed government to constitute Juvenile Justices Boards before December 28.
"It is seen that till date neither Act nor Rules have been given effect on the ground. The purpose to be achieved under Act or Rules instead of being accomplished stands frustrated," the court said, observing that government was duty-bound to comply with J&K Juvenile Justice (Care and Protection of Children) Act 2013 and Rules of 2014.
"The Juvenile Board be constituted before the next date (of hearing). Other provisions of the act are also to be complied with," the court said and directed the government to file compliance report before the next date and posted the case on week commencing December 28.
The court was hearing a PIL filed by one Tanvi Ahuja, a resident of Haryana, alleging that thousands of juveniles had been arrested over the years under the Jammu & Kashmir Public Safety Act, 1978, (PSA) and the Ranbir Penal Code (equivalent to the IPC) instead of being tried under the State Juvenile Justice Act, 2013. "These juveniles have been treated as adults, beaten, and put in jails, contrary to the numerous decisions of the Supreme Court holding that no juvenile should ever be put in a jail...(and)...ought to be held in juvenile-friendly institutions," the petitioner said.
The petitioner cited an RTI reply of March 2014 from the state home department which revealed that 707 FIRs had been filed against juveniles since 1988.
Ahuja's petition said that besides the PSA, the juveniles were booked under various other provisions - which include serious charges like rioting and attempt to murder - and sent to jail without proper trial.
She has prayed direction to the government to implement the provisions of Jammu & Kashmir Juvenile Justice (Care & Protection) Act 2013, to submit details of the cases pending in all the courts against the juvenile offenders including the details of the juveniles lodged in different jails of the state and give rehabilitation pacakage to the children whose cases have not been decided within the stipulated period as per the Act.
Meanwhile the division bench directed Director Social Welfare Department, Jammu, to file an affidavit indicating about the diet menu which is being provided to the juveniles who are lodged in the juvenile homes.
"The Director will also provide information about the other requirements such as clothing, bedding which are being provided to the juveniles," the court said, adding, "Director Social Welfare shall also file an affidavit providing same details in respect of the Valley. |
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