Bombay High Court Seeks Explanation For High Pendency Of 40K Cases Before Juvenile Justice Board And Child Welfare Committee

The Bombay High Court recently flagged the collective pendency of over 40,051 cases before the Juvenile Justice Board (JJB) and the Child Welfare Committee (CWC) while hearing a PIL by an NGO.

The division bench of Justices Nitin Jamdar and Manjusha Deshpande observed that the startling numbers were nullifying the spirit if the Juvenile Justice Act 2015.

“…the figures of 10,008 cases pending before the Juvenile Justice Board and 30,043 cases pending before the Child Welfare Committee would amount to nullifying of spirit of the Act.”

On September 27 the bench was hearing a PIL by NGO Bachpan Bachao Andolan and its director Sampurna Behura. The NGO sought implementation of the 2018 guidelines by the Supreme Court regarding proper implementation of the JJ Act.

“The JJBs and CWCs must appreciate that it is necessary to have sittings on a regular basis so that a minimal number of inquiries are pending at any given point of time and justice is given to all juveniles in conflict with law and social justice to children in need of care and protection. This is a constitutional obligation,” the SC had said.

The petitioners cited the report of the respondent authorities which stated that the pendency was over 40,000 cases as on May 3, 2023.

They further pointed out Section 14(2) of the JJ Act mandating the JJB to conduct its inquiry within four months from the date of the first production of the child before it and a maximum extension of two months can be considered.

Section 36 (2) of the Act provides that the social investigation of the child shall be completed within 15 days to enable the Child Welfare Committee to pass the final order within four months of the first production of the child.

Considering such provisions, the court said certain directions were necessary.

The court directed the Secretary, Department of Women and Children, Government of Maharashtra to issue necessary instructions to collect the up-to-date data regarding pendency of cases before the JJB and CWC Committees in the State of Maharashtra.

“Such data should provide the date of institution and disposal of the cases in the last three years and it should also provide the details of the pending cases.”

The court further sought an explanation from the JJB and/or CWC as regards reasons for pendency and difficulties, if any, faced by the Boards/Committees for early disposal of the cases.

“Once such data is collected, the Secretary, would analyse the responses received from the Boards/Committees and take review of the reasons/ suggestions given by the Boards/Committees regarding the pendency and thereafter, place the same before the Court by way of an affidavit,” the court said.

Significantly the court asked the authorities to state whether the database of missing children, trafficked children and follow-up of adoption cases has been prepared, the status of the data collected, and how the same is being utilised to achieve the object of the JJ Act.

Further, in accordance with the SC order, the bench asked the Maharashtra State Legal Services Authority how it has been assisting government authorities as mandated by Supreme Court.

The matter will be heard next on October 26, 2023.

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