HC’s concern over non-working of JJA

Excelsior Correspondent
Srinagar, Feb 15: High Court today took serious view of the non working of J&K Juvenile Justice (Care and Protection of Children) Act in the State and said in case the directions of the court are not complied with then Secretary Social Welfare Department and Mission Director Integrated Child Protection Scheme (ICPS) to remain present in the court.
The Division Bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar recorded if there is any difficulty or delay in effecting the recruitment of staff by the State Government then the authorities may explore the possibility of delegating the same to the Selection Cum Oversees Committee (SCOC) for selection of the positions and making recommendations to the State Government for consideration and appointment, especially of such positions as the District Child Protection Officer; Programme Officer; Probationary Officer; Welfare Officer.
DB directed to all District Development Commissioners to ensure cooperation with the SCOC and constituents under the Act in establishing Village Level Child Protection Committee (VLCPS) and District Level Child Protection Committee (DLCPC)to ensure implementation of the law at the gross root level.
Court also directed the State Government to examine the need of the State Commission for Protection of Child Rights. “We shall also be informed about the administration/ management of the Rotary Inner Wheel Circle Home Channi Rama meant for specially-abled children by the State Government”, DB directed.
Court made it clear that in case the directions are not complied with and a status report filed within eight weeks from today, the Secretary, Social Welfare Department of the State Government and Mission Director, ICPS shall remain present in the court.
“The compliance reports dated 14.02.2019 filed by State Mission Director and 15.02.2019 filed by Director General Social Welfare Department, Kashmir are taken on record. Perusal of the same would reveal that there is non-compliance of all the orders passed by us”, court said.
Significant among the deficiencies is the lack of essential staff Court observed that despite repeated requests from the Chairperson of SCOC and the order of the court, while posts are created, the authorities have not moved a single step towards filling up the vacancies.
As a result, court said, the institutions under the Juvenile Justice Act would be unable to discharge the statutory mandate. It needs to be borne in mind that the Juvenile Justice enactment in fact only reiterates the Constitutional mandate regarding the care and protection of children.
It is submitted by State counsel that 40 positions which are lying vacant in ICPS have been advertised. Court said the advertisement is merely commencement of a recruitment process. Such a situation, with no end in sight, cannot be countenanced.
“It would appear that such a situation subsists because the entire responsibility relating to the children has been vested upon the Department of Social Welfare which appears to over overworked and lacking the capacity to address the imperative needs of children of the State”, reads the order.
Court further that that it (court) is not willing to simply go on adjourning this matter while the Child Care Institutions in the State are completely un-operational and unable to serve the purpose for which they have been created. It is also not possible for us to ignore the life of the children of the State who would be suffering in the meantime.
“We were inclined to take a serious view of the non-compliance of the various directions today. However, the same would not achieve the intended purpose of ensuring the welfare of the children”, reads the order.
Court in such situation granted a very last chance to the respondents to ensure that the directions made by us and the statutory mandate is forthwith complied with. The respondents shall ensure that the requisite staff is provided to all the Child Care Institutions within a period of eight weeks from today.
Court during the course of arguments has also been informed that the Ministry of Women and Child Development of the Government of India has revised its scheme and is transferring funds for implementation of ICPS directly to the SCPS. Let this aspect be examined by the State Government and a view taken so that there is no delay in transfer of funds, Court said.

LEAVE A REPLY

Please enter your comment!
Please enter your name here