Excelsior Correspondent
Srinagar, Oct 8: The High Court today came down heavily on Government for dysfunctional of Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) due to dearth and shortage of staff and called for appearance of Directors of Social Welfare Department and Integrated Child Project Scheme before the Court.
In total disregard of previous Court direction, the High Court today rapped the Social Welfare Department for not providing the adequate staff for JJBs and CWCs prompting the court to call the Director SWD and Director ICPS before the court.
The Division Bench of Chief Justice Gita Mittal and Justice Alok Aradhe observed to the State counsel if the State Government is not in a position to provide the staff to JJBs and CWCs then send those children conflicting with law to outside the State.
Chief Justice during the proceedings observed that the trial of these children is hampered which should not have happened in ordinary course as the children who are involved in different crimes are not being given proper and fair trial and this is such a sorry state of affairs on part of the authorities which court said, shall not continue in future.
Court observed that cosmetic compliance without following the mandate of discharging duties on ground would not be continued further. “You have to have intervention to these children as they need special care”, Court observed to State counsel and asked him to take the issue with Chief Secretary for segregation of issues regarding woman and child care from Social Welfare department.
The Chairperson has pointed out that 22 Juvenile Justice Boards (JJBs) and 22 Child Welfare Committees (CWCs) have become functional and the cases pending against the juveniles in conflict with law have been transferred to the respective Juvenile Justice Board.
However, he added, the biggest impediment in making these boards functional is non-availability of the staff prescribed under the Juvenile Justice (Care and Protection of Children) Act, 2013 and Rules framed there-under.
It is pointed out that as on date staff from District Child Protection Units (DCPUs) has been deployed with these JJBs and CWCs.
Further, it is stated that the District Child Protection United comprises of District Child Protection Officer; Probationary Officer (Institutional Care); Probationary Officer (Non-Institutional Care); Legal Probationary Officer; Counselor; Outreach Worker; Social Worker, etc., and each of officials has his/ her sphere of duty identified under the scheme.
It is pointed out that the deployment of staff from District Child Protection Units is no answer to the problem and as a result of the shifting of the staff, the DEPUs have been made dysfunctional Under and in-terms of Section 61 of the Juvenile Justice (Care and Protection of Child) Act, 2013 read with Rule 82 of the Rules of 2014, Special Juvenile Police Units have to be created by the police authorities. In this regard court has been informed that these units have been setup and status report be filed before the registry.
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