Fayaz Bukhari
SRINAGAR, Oct 6: Government has decided to set up 8 Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) across the State on the directions of Jammu and Kashmir High Court.
Court today directed the Government to inform them about the action taken on establishment of Juvenile Justice Boards and Child Welfare Committees across the State.
The decision of setting of JJBs have been taken in a minutes of meeting held on September 27 under the chairmanship of Chief Secretary of the State to oversee the implementation of JJ Act and other schemes, as such the Division Bench of Chief Justice Badar Durrez Ahmad and Justice Alok Aradhe while hearing a Public Interest Litigation on implementation of J&K Juvenile Justice (Care and Protection of Children) Act enacted in 2013 and rules made there-under, directed the Government to report the Court on progress and action taken in respect of the decisions taken in the meeting.
The draft minutes of said meeting were placed before the court today along with status report by the counsel representing Social Welfare Department pursuant to the court directions dated 11.8.2017.
Court has been apprised today that in the meeting it has been decided to constitute JJBs in all the 22 districts but in a phased manner as the institutions of such board in one go may not be possible and in the first phase 8 JJBs are being set up for Anantnag, Baramulla and Srinagar districts in Kashmir province and Jammu, Doda, Rajouri districts in Jammu province. Apart, two JJBs are to be set up one each at Kargil and Leh in Ladakh region.
It is pertinent to mention here that in its previous order court had observed that the JJBs were to be set up in all the 22 districts of the State which are to be headed by Judicial Magistrates (1st Class) as per the Act and Rule and consequently there was a need for creation of 22 Additional posts of additional Judicial Magistrates so that the other judicial work is not affected.
After the Court was informed that the Government is intending to set up 8 JJBs in the first phase, Court said then there is need for creation of 8 posts of Judicial Magistrates for these 8 JJBs. “This also entails that there would be creation of 8 additional posts of Judicial Magistrates, so that the JJBs can be mend by them and the other judicial work does not suffer”, DB said.
Court has appreciated the decision been taken to constitute these 8 JJBs board and in this regard responsibilities have been fixed on the Commissioners of SWD, Finance and Law departments and the deadline fixed for the said purpose is December 31.
Draft minutes further read that along with the establishment of 8 JJBs in the first phase, 8 observation homes are also to be established for these 8 districts for which responsibility has been fixed on Commissioner/Secretary SWD and deadline fixed is also December 31.
It has also been decided to set up Child Welfare Committees which, the Court said, is mandate of the law in all the 22 districts. The same, however, would also be done in the phased manner and be constituted in the aforementioned 8 districts in the first instance and the deadline fixed for the purpose is December 31.
Court, however, directed the authorities to clarify and inform the court as to which of the group of districts are covered by these 8 JJBs and the 8 CWCs which are to be established as per the decision taken in the Chief Secretary’s meeting.
Court has also recorded that there is no special home in the entire State which is requirement under the law and now it has been decided to set up two special homes as part of the first phase, one at Jammu and the other at Srinagar and this job has been fixed on Commissioner SWD and the same has to be done by December 31.
In furtherance of these issues, Court has also been informed that for the appointment of social worker and members of the JJBs, the process of interview for the post of social workers is concluded and the Selection cum over sight committee shall initiate the process of interviews for establishment of the CWC.
Court has been apprised about the decision taken to upgrade the orphanages and DPRs for up-gradation of all the 31 orphanages are to be finalized and submitted to Planning Development and Monitoring Department by Oct 27 and this has also been assigned to Commissioner/Secretary SWD and Principal Secretary to PD& MD.
Similarly the DPRs of observation homes at Harwan and RS Pura have been decided to be immediately prepared against the release of Rs 22 lakhs. Finally, it has also been decided in the meeting to prepare the capital expenditure budget under the integrated child protection scheme is now being done. “The same is required to be done by 15.10.17 and the responsibility for doing so has been fixed on Principal Secretary PD&MD and Commissioner/Secretary SWD.
In its compliance submitted by advocate Omais Kawoosa and Shah Faisal, who are assisting the Court in the PIL, indicated that there may be several persons who are lodged in different jails as juveniles. Court, in this connection directed the Member Secretary Legal Services Authority to ensure that these persons are contacted and ascertain as whether they are juveniles and incase they are juveniles, then legal aid be provided forthwith.
Trending Now
E-Paper
Follow our WhatsApp channel