HC asks Govt for briefing on JJBs

Excelsior Correspondent
SRINAGAR, Sept 25:  The High Court today directed the Government to apprise the Court on establishment of Juvenile Justice Boards  (JJBs) and Child Welfare Committees in the State by next date of hearing.
As the State Government was required to inform the Court today about the establishment of Juvenile Justice Boards, the State counsel Hashim Hussain informed the Court that in this connection a meeting under the chairmanship of Chief Secretary with all concerned is scheduled to be held on September 27.
The Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey adjourned the matter and directed the counsel to place the minutes of the said meeting before the court on next date.
Court earlier had directed the Law Department to process for creating 22 posts of Judicial Magistrates for Justice Juvenile Boards on priority basis and on this context Government is going to hold a high level meeting on September 27.
The Division Bench is hearing a Public Interest Litigation seeking therein implementation of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act enacted in 2013 and rules there under in letter and spirit Law department has been directed to create these posts on priority basis so that Juvenile Justice Boards in each district of the State are made functional.
The Act provided that it was for State Government to fulfill the  requirement and setup the JJBs across the State. Court said in order to ensure that posts of 22 Judicial Magistrates 1st class be created, this is the requirement under rules.
In order to implementation of the Act in letter and spirit, a direction has already been passed to Secretary State Legal Services Authority to visit each district and find out whether all basic facilities as also legal aid are being provided to juveniles. Court further said that if any juvenile is found in jail he shall be shifted to juvenile home immediately.
It is after a lapse of almost two and a half years and repeated directions by the Court, Government has constituted the selection-cum-oversight committee (JJB) for Juveniles in the State which is yet to be made functional.
Before filing of the instant PIL petitioner had approached the Supreme Court earlier for seeking directions upon the State Government but the Supreme Court asked her to approach the High Court in this regard.
She has also sought direction upon the respondents for implementation of the provisions of Juvenile Act in the State in letter and spirit and establishing of Juvenile board and Juvenile court for protection and welfare of the Juveniles.
Judiciary recently has organized a round table conference on implementation of Juvenile Justice Act -2013 in Srinagar which was inaugurated by Justice Madan B Lokur Supreme Court Judge. The conference was being jointly organized by JJ Committee of Supreme Court of India and JJ Committee of J&K High Court.
Justice Lokur emphasized on implementation of J&K JJ Act of 2013 in letter and spirit and called upon all the stake holders to work in order to set up JJBs, Child Welfare Committees, Advisory Boards and Observation Homes so that the children conflicting with law are counseled and rehabilitate properly.
Chief Justice of the State on that occasion held that the law enforcing agencies need to be extra cautious and sensitive in the State while dealing with the juveniles as they have been brought up in very violent atmosphere that has affected their mental as well as their physical growth.