Initiate Suo Motu Proceedings For Implementation Of JJ Act,Establish Child Friendly And Vulnerable Witness Courts: SC To High Courts [Read Judgment]

The Supreme Court, on Friday, requested Chief Justices of all High Courts to "seriously consider" establishing child friendly courts and vulnerable witness courts in each district.The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta observed, "Inquiries under the JJ Act and trials under other statutes such as the Protection of Children from Sexual Offences Act, 2012, the Prohibition of Child Marriage Act, 2006, trials for sexual offences under the Indian Penal Code and other similar laws require to be conducted with a high degree of sensitivity, care and empathy for the victim. It is often said that the experience in our courts of a juvenile accused of an offence or the victim of a sexual offence is traumatic. We need to have some compassion towards them – even juveniles in conflict with law, since they are entitled to the presumption of innocence - and establishing child friendly courts and vulnerable witness courts is perhaps one manner in which the justice delivery system can respond to ease their pain and suffering. Another advantage of such child friendly courts and vulnerable witness courts is that they can be used for trials in which adult women are victims of sexual offences since they too are often traumatized by the not so friendly setting and environment in our courts."The Court was hearing a Petition filed by activist and human rights defender Dr. Sampurna Behura, who had highlighted the "virtual non-implementation or tardy implementation" of Juvenile Justice (Care and Protection of Children) Act, 2000 and the Juvenile Justice (Care and Protection of Children) Act, 2015. Acknowledging the veracity of the accusations, the Court further opined that it would be appropriate for High Courts to initiate suo motu proceedings for better implementation of the Acts.State apathyThe 62-page judgment begins by tracing the resolutions passed during Chief Justices' conference since 2006. It then acknowledged that while it may be criticized for judicial activism and overstepping its boundaries, it nevertheless rapped the State Governments for not implementing the Act in its true spirit, noting:"...over the last decade or so, State Governments and Union Territories have not fully complied with the provisions of a law solemnly enacted by Parliament for the benefit of children. In many instances, only cosmetic changes have been introduced at the ground level with the result that voiceless children continue to be subjects of official apathy. However, it must be acknowledged that the Union of India through the Ministry of Women and Child Development (for short MWCD) has taken some bold steps in recognizing the rights of the children and giving them some importance. Nevertheless, the overall picture relating to the recognition of the rights of children and their realization is far from satisfactory and remains gloomy as we continue to trudge along the long and winding road."DirectivesThe Court issued the following directions:Functioning of the National and State Commissions for Protection of Child Rights The Ministry of Women and Child Development in the Government of India and the State Governments should ensure that all positions in the NCPCR and the SCPRs are filled up well in time and adequate staff is provided to these statutory bodies so that they can function effectively and meaningfully for the benefit of the children. The NCPCR and the SCPCRs should take their duties, functions and responsibilities with great earnestness keeping in mind the faith reposed in them by Parliament. A position in these statutory institutions is not a sinecure. These bodies have a very significant and proactive role to play in improving the lives of children across the country. Functioning of State and District Child Protection Units The State level Child Protection Societies and the District level Child Protection Units have an enormous responsibility in ensuring that the JJ Act is effectively implemented and Child Care Institutions are managed and maintained in a manner that is conducive to the well being of children in all respects including nutrition, education, medical benefits, skill development and general living conditions. These two bodies would be well advised to take the assistance of NGOs and civil society to ensure that the JJ Act serves the purpose for which it is enacted by Parliament. Functioning of Juvenile Justice Boards and Child Welfare Committees The State Governments must ensure that all positions in the JJBs and CWCs are filled up expeditiously and in accordance with the Model Rules or the Rules framed by the State Government. Any delay in filling up the positions might adversely impact on children and this should be avoided. 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...

Initiate Suo Motu Proceedings For Implementation Of JJ Act,Establish Child Friendly And Vulnerable Witness Courts: SC To High Courts [Read Judgment]

Apoorva Mandhani

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