Juvenile Justice Boards:HC Asks Govt To Remove ‘Only Hurdle’ In 10-Days

Srinagar—The Jammu and Kashmir High Court on Wednesday directed government to accord within ten days formal sanction to the creation of 8 additional posts of magistrates for operationalization of eight juvenile justice boards in first phase.

In the first phase, eight JJBs are being set up in Anantnag, Baramulla, Srinagar in Kashmir division and Jammu, Doda, Rajouri districts in Jammu division besides one each in Kargil and Leh in Ladakh region.

Hearing a Public Interest Litigation, a division bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey also directed that the order be placed before Chief Secretary so that there was no delay.

“It appears that only hurdle in operationalizing the eight juvenile justice boards in first phase is the formal sanction for the creation of 8 additional posts of magistrates. This process should be expedited and immediate action as required for everything has been put in place to making the 8 JJBs operational. We therefore direct the government to ensure that formal sanction order is issued not later than 10 days from today,” the court said, adding, “ A copy of this order be placed before the chief secretary govt of J&K to ensure that this direction is carried out immediately.”

Earlier, Counsel for Secretary Legal Service and J&K HC Juvenile justice committee brought to the court’s notice a communication dated 26-12-2017 on the subject of the implementation of the Act and rules with particular reference to JJBs. The communication has been issued by the under secretary to govt, social welfare department.

The communication inter-alia points out with reference to the govt order no. 367 dated 21-12-2017 that the buildings for establishment of Juvenile Justices Boards stand identified and are being hired on rent basis till such time their own structure is created by the department under ICDS.

The communication further records that the staff for district child protection units have been recruited and put in place. The communication also record that selection of the members of JJBs was under process and was likely to be completed by selection committee constituted for the purpose. SWD had brought to the court’s notice a govt order—SW-10 of 2018 whereby member of the JJBs as recommended by the selection committee has been competed for all the 22 districts. 44 members, 2 for each district, have been appointed. This also includes the 8 districts which are to be taken up in first phase.

With regard to setting of child welfare committees in all 22 district, the court was informed that selection process has been completed by selection committee however recommendations are yet to be made. “We there request the chairman-cum-oversight committee to expedite the issuance of recommendation process,” the court said.






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