Excelsior Correspondent
SRINAGAR, Dec 4: Jammu and Kashmir High Court today directed the Government to comply with the provisions of the Juvenile Act and provide support to the Juveniles under this act who are lodged in juvenile homes. It directed formation of Juvenile Justice Board (JJB).
The Division Bench of Jammu and Kashmir High Court comprising Justice MH Attar and Justice J R Kotwal, directed the State through its Commissioner Secretary, Social Welfare Department (SWD) to comply with the provisions of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act enacted in 2013 and Rules there under.
“What is seen that till date neither Act nor Rules have been given effect on ground. The Juvenile Justice Board (JJB) has not been constituted till date. The purpose to be achieved under the ‘Act and Rules instead of being accomplishing, stands frustrated”, DB said adding “the Government is duty bound to comply with the law made by it”.
Court directed Director Social Welfare Jammu to file an affidavit indicating the diet menu which is being provided to the juveniles who are lodged in the Juvenile Homes. “The Director will also provide information about other requirements such as, clothing, bedding etc. which are being provided to the juveniles” the DB said.
Court also sought the similar information from the Director Social welfare Kashmir in shape of affidavit by next date and directed both the Directors to provide the support to the juveniles as is prescribed in the Act and Rules and sought compliance from both Directors about the juvenile homes.
Court directed for constitution of JJBs before next date and compliance in this regard by observing that one of the essential purpose of legislating the laws is to reintegrate the children who are in ‘conflict with laws’ and needs care and protection.
Social Welfare Department counsel submitted before the Court that juveniles are being provided meals which is at par with the menu provided to the orphanages run by the SWD in addition that daily expenditure on per inmate has been enhanced to Rs. 100 which was previously Rs 50 as diet charges.
Besides this, counsel submitted that seasonal clothing is being provided to inmates of the juvenile homes during their period of stay in the homes and are being provided heating and cooling facility as per the seasonal requirement.
Court was dealing with a PIL filed by one Tanvi Ahuja who besides other directions is seeking implementation of the Juvenile Act. She had approached the Supreme Court earlier for seeking directions upon the State Government but the Supreme Court asked her to approach the State High Court in this regard.
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