Appoint JJB Magistrates

Legal authorities are alive to the need of having Juvenile Courts for trying juveniles and also for making recommendations for their rehabilitation. Usually juveniles become vulnerable to petty crimes either owing to poverty and necessity or owing to unhealthy family environment in which they are brought up. The Government considers it a loss to the society for no fault of theirs.  All over the civilized world there are Juvenile Courts to hear cases against the juveniles. Very often frustrated or suppressed juvenile run away from their homes and unfortunately fall in bad company and might get exposed to serious and highly damaging crimes like drug addiction and other social evils. The Welfare Governments usually take care of such juvenile by establishing juvenile homes for them.
A PIL has been filed with the High Court demanding creation of Juvenile Justice Boards to hand the juvenile cases under proper legal system. Obviously the juvenile courts have to be presided over by such judges as have the experience and expertise of handling juvenile cases. The High Court has been pursuing the matter that the Government should arrange to create Juvenile Justice Boards so that juvenile category cases are heard separately. In this connection the Government has already created 8 posts of Magistrates for making 8 Juvenile Justice Boards (JJBs) operational in the first instance. However, the Government had been delaying issuance of formal orders for making this JJBs functional. Making them functional means providing them logistical support that includes accommodation, manpower and other accessories essential for make a board functional. It was this part which the Division Bench pursued and finally orders have been issued to the Government to appoint eight Magistrates and make them functional. The Court order is that this task should be completed within ten days.
It is unfortunate that 26-year long militancy in Kashmir has spread the culture of violence, defiance and aberration among the youth in the Valley. The militants have been using the teen agers and juveniles to serve their purpose of becoming couriers of messages and arms and ammunition or other illegal things. Some of the teen agers and juveniles have been arrested by the police and brought before the court of law. The judiciary and the society at large feel very sorry for these under aged youth to have been taken off their studies and schools and inducted into criminal activities. The State and the law are to correct the aberrations and not to punish under a blanket order. That is the characteristics of a welfare and human Government. Vengeance cannot be wrecked on teen agers as they have been misled. Once they realise their mistake they want to rejoin the mainstream. A good number of teen agers and juvenile have repented on their mistake and have expressed their sincere desire to return to the fold. The Police and the security organizations welcome them back to the fold and the Government even would like to resettle and rehabilitate them. It is in this background that the Division Bench asked the Government to expedite appointment of the Magistrates so that JJBs become functional without further loss of time and the juvenile cases are cleared as early as possible.
We appreciate the urgency expressed by the Division Bench in making the JJBs functional and as such order time limit for the Government. We want the innocent juvenile to return to the mainstream and become responsible citizens and an asset to the society. The Division Bench deserves full appreciation for expediting the matter with the Government.

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