The Lucknow bench of the Allahabad High Court has directed the existing members of the Juvenile Justice Boards and Child Welfare Committee of the state, whose term expired in December last year, to continue to function and discharge their duties until fresh appointments.
Juvenile justice board
1. Juvenile delinquency is defined as “the habitual committing of criminal acts or offences by a young person, especially one below the age at which ordinary criminal prosecution is possible.” When a child alleged to be in conflict with law is apprehended by the police, he/she will be placed under the charge of the special juvenile police or the designated child welfare police officer, who shall produce the child before the Juvenile Justice Board.
2. An inquiry may satisfy a Board that a child, irrespective of age, has committed a petty offence, or a serious offence, or a child below the age of 16 has committed a heinous offence. In such a case, it may:
- Allow the child to go home after advice or admonition.
- Direct the child to participate in group counselling and similar activities.
- Order the child to perform community service.
- Order the child, or parents of the child, to pay a fine.
- Release the child on probation of good conduct.
- Direct the child to a special home for a period not exceeding three years.
3. In case of a heinous offence by a child above the age of 16, the Board may say that there is a need for trial of the child as an adult. No child in conflict with the law shall receive a death or life imprisonment sentence without the possibility of release.
Section 4 of Juvenile Justice (Care and Protection) Act , 2015, There shall be a constitution of Board for the purpose of inquiry and hearing in the matters of juvenile in conflict with law. The Board shall consists of Principal Magistrate and two social workers, among whom one should be a women. The Act provides that under no circumstances the Board can regulate and operate from regular court premises. The decision taken by the Principal Magistrate shall be final. [Section 4(2) of Juvenile Justice( Care and Protection) Act , 2015, Section 5 of Juvenile Justice( Care and Protection) Act , 2015]
1. Special Procedure of Juvenile Justice Board :- The Act has provided the procedure against the juvenile offender. Following are the main special procedure –
2. The proceedings cannot be initiated on a complaint registered by the police or citizen
3. The hearing must be informal and should be strictly confidential.
4. The offenders should be kept under Observation Home after detention.
5. The trial of juvenile in conflict with law shall be conducted by Lady Magistrate.
6. A child in conflict with law may be produced before an individual member of the Board when Board is not sitting.
Further, Section 7 of the Act stipulates that no order passed by the Board shall be invalid by the reason only of the absence of any member during any stage of proceedings: Provided that there shall be at least two members including the Principal Magistrate present at the time of final disposal of the case or in making an order Section 18(3).
Similarly, Section 27(2) of the JJ Act stipulates that a CWC shall consist of a Chairperson and four other members, who are actively involved in health, education or welfare activities pertaining to children for at least seven years or are practicing professionals with a degree in child psychology or psychiatry or law or social work or sociology or human development.
Order of the court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. – 222 of 2020
Petitioner :- Praveen Kumar Sharma aged about 55 years s/o Bhagwati Prasad Sharma, r/o 173A, Kaliyanpur Taraura Factory Area Patel Nagar School, Kasganj, U.P.
Respondents:- State of U.P. through its Principal Secretary (Home), Secretariat, Lucknow, U.P. and 3 others
Counsel for Petitioner :-Shivam Shukla
Counsel for Respondent:- A.K. Roy (Addl. Chief Standing Counsel)
Hon’ble Biswanath Somadder,J.
Hon’ble Dr. Yogendra Kumar Srivastava,J.
On 5th February, 2020, this Court passed the following order:-
“Having heard the learned advocates for the parties and upon perusing the instant writ petition, we direct the learned advocate for the State to take specific instructions from the concerned authority of the State as to when the State proposes to constitute valid Juvenile Justice Boards and Child Welfare Committees in accordance with the provisions of the relevant statute. The answer to this Court’s query should be made available by the learned advocate for the State on the next date. List this matter on 12th February, 2020 under the same heading for further consideration.”
It is evident from the above, that the concerned respondent authority has taken effective steps to constitute valid Juvenile Justice Boards and Child Welfare Committees in accordance with the provisions of the relevant statute. As such, no further interference is required in respect of this Public Interest Litigation (PIL). The Public Interest Litigation (PIL), stands disposed of accordingly.
Order Date :- 12.2.2020
(Dr. Y.K. Srivastava,J.)
Edited by Pragash Boopal
Approved & Published – Sakshi Raje