SrinagarAfter a long delay, the state government has finally decided to set up Juvenile Justice Boards in all districts of the state but in phased manner, underling that the institutions of such boards in one go may not be possible.
Hearing a Public Interest Litigation, a division bench of the court head by Chief Justice Badar Durrez Ahmad termed it heartening.
It is heartening to note that the decision has been taken to constitute the board and responsibilities have been fixed on the Social Welfare Department, Finance and Law and that the dead line has been fixed as 31 December 2017, the court said after perusal of an affidavit submitted by Commissioner Secretary Social Welfare Department.
The officer said that a committee chaired by the Chief Secretary decided to constitute JJBs in all the districts but in a phased manner as the institutions of such board in one go may not be possible.
In the first phase, he said eight JJBs are being set up in Anantnag, Baramulla, Srinagar in Kashmir division and Jammu, Doda, Rajouri districts in Jammu division beasides one each in Kargil and Leh in Ladakh region.
This also entails that there would be creation of 8 additional posts of judicial magistrates so that the JJBs can be mend by them and the other judicial work does not suffer, the court observed.
The court also observed that it appears from the affidavit and the draft of minutes of the meeting that along with the establishment of 8 JJBs in the first phase, there was also establishment of 8 observation homes for the eight districts.
The court had directed the government to constitute the JJBs by 28 December 2015, observing that the purpose of enacting Juvenile Justice Act in the state stands frustrated due non compliance of the legislation.
The government has also decided to set up CWCs which is mandate of the law in all the districts. The same however would be done in the phased manner and will be constituted in the 8 districts within the December 31 deadline.
There is no special home in the entire state which is requirement under the law. It has now been decided to setup two special homes as part of the first phase, one at Jammu and the other at Srinagar. Responsibility fixed at SWD and the same has to be done by 31.12.17. The government also informed that conclusion of process for the appointment of social worker as member of the JJBs, the selection- cum-oversight committee shall initiate the process of interviews for establishment of the CWC.
Apart from this, it has also been decided to upgrade the orphanages and detail project reports for upgradation of all the 31 orphanages are to be finalized and submitted to Planning Development and Monitoring department by October 27 and responsibility has been fixed to SWD and Principal secretary to PDM Department for doing so.
Similarly the DPRs for observation homes at Harwan and RS Pora have been decided to be immediately prepared against amount of Rs 22 lakhs. The SWD also indicated in the status report that there may be several persons who are lodged in many jails. We directed the secretary SALSA that to ensure that these persons are contacted and ascertain whether they are juveniles. In case they are juveniles, then legal aid shall be provided to them forthwith, the court said and directed all concerned officials to file the status report indicating the progress and the action taken in respect of all the points especially decisions taken in the meeting of Chief Secretary.
Respondents to clarify as to which of the group of district are covered by these 8 JJBs and the 8 CWCs which are to be established in the above mentioned meeting, the court added.
The court was hearing a Public Interest Litigation, which was initiated by Tanvi Ahuja, a Haryana based human rights activist who has since passed away.
Consequently, the title of the PIL has now been altered to Court on its own motion v. State of Jammu and Kashmir and others.
Follow this link to join our WhatsApp group: Join Now
Be Part of Quality Journalism |
Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast. |
| ACT NOW |
| MONTHLY | Rs 100 |  |
| YEARLY | Rs 1000 | |
| LIFETIME | Rs 10000 | |
