'Mere Enactment Not Enough': Kerala High Court Issues Directions For Effectively Implementing Juvenile Justice Act, SC Guidelines

The Kerala High Court has issued a comprehensive set of directions to ensure the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the guidelines laid down by the Supreme Court in Sampurana Behura v Union of India [2018 (4) SCC 433].The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, issued the directions while delivering the judgment in two connected cases, one suo motu petition and a public interest petition filed by Bachpan Bachao Adolan, an NGO founded by Nobel Laureate Kailash Satyarthi and its programme director Sampurna Behura. The petitions sought enforcement of the Supreme Court's 2018 directions mandating States to strengthen child protection mechanisms.Justice Basant Balaji, who authored the judgment, began with a quote from Justice V.R. Krishna Iyer, emphasizing that the true measure of civilization lies in fulfilling the obligations owed to children.The judgment explored the history of juvenile legislations in India by analysing the legislations in Pre-Independent India and Post- Independent India and observed that even though the post independence reforms shaped India's Juvenile Justice System into a more rehabilitative and welfare model, challenges such as delayed trials, inadequate rehabilitation facilities, and lack of awareness about juvenile rights persisted. The Court further noted that the Sampura Behura case affirmed the judiciary's role in compelling the executive to fulfill its constitutional duty. “It set a precedent that mere enactment of laws is not enough rather, their effective implementation is a mandatory obligation. In essence, the Sampurna Behura judgment transformed the legal philosophy on juvenile justice in India.” it added. The petitioners placed reliefs under two heads, the first part dealt with the implementation of direction of Supreme Court in Sampurna Behura and the second part dealt with the issues that required judicial intervention to meet the object and purpose of the Act of 2015. The Court examined the establishment and members of Kerala State Commission of Child Rights (KeSCPCR) and noted that a dearth in human resources can severely affect the operational efficiency of the commission. “ The recurring delays in appointment in the Commission interrupts the continuity of its work. A shortage of supporting administrative and technical staff in units like the POCSO and Juvenile Justice Cells is also a persistent challenge, limiting the Commission's ability to effectively handle the high volume of cases and conduct extensive monitoring across the State. Altogether, these resource limitations compromise the Commission's capacity to be a robust, full-time independent body for child protection.” the Court observed.The role of State Child Protection Society (SCPS) and District child Protection Unit (DCPU), were also examined and it was concluded that the critical human resource, lack of inspections for proper monitoring and financial deficiencies were blocking the functioning of SCPS and DCPUs. The vacancies among social workers was pointed out as a drawback in the functioning of the Child Welfare Committee(CWC) and Juvenile Justice Board(JJB). The role of probation officer under Juvenile Justice Model Rules, 2016 was also examined. The Court has underlined the use of Information Technology in efficient implementation and monitoring of the Act of 2015, by pointing out different digital platforms to streamline the system. The Court has also highlighted the role of the Special Juvenile Police Unit (SJPU) and the Child Welfare Police Officer (CWPO) as mandated under the Act of 2015, to deal with all matters concerning children in a child-friendly manner. It further noted that the Kerala State Legal Services Authority (KeLSA), along with its District Legal Services Authorities (DLSAs), acts as a pivotal pillar in the juvenile justice system by fulfilling the statutory mandate of the Act of 2015. The Court also noted the State and Central Government has to make Model Rules which are necessary for structuring the framework of functioning of the entire juvenile justice system. It further explored the 'Social Audit” under the Act and observed: “The audit goes beyond financial scrutiny to evaluate the quality of life in CCIs, checking for adherence to minimum standards of care, protection, rehabilitation, education, and social re-integration.” The Court thus issued time-bound direction as following: (i) All existing vacancies in the Kerala State Commission for Protection of Child Rights (KeSCPCR) must be filled within four weeks. (ii) The process of filling up future vacancies must be initiated at least 4 months prior to the occurrence of vacancy to ensure continuity and effective functioning of the Statutory body. The Section 17 of Commissions for Protection of Child Rights (CPCR) Act, 2005, must be complied with for appointment in the State Commission. (iii) Annual report for 2024-25 under the...

'Mere Enactment Not Enough': Kerala High Court Issues Directions For Effectively Implementing Juvenile Justice Act, SC Guidelines

Anamika MJ

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