Saturday, January 28, 2023

Non-constitution of district Juvenile Justice Boards a violation of Constitution, says Allahabad High Court

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Prayagraj (ILNS): The Allahabad High Court has said that the non-constitution of members of the Juvenile Justice Board and Child Welfare Committee in districts is an open violation of Article 15 (3) of the Constitution and the United Nations Convention on the Rights of the Child.

The Court has directed the State Government to select the chairman and members of the Juvenile Justice Board in every District of the State as soon as possible and complete the selection process six months before the post is vacant in future. 

The Court has expressed hope that the Government will fulfill its obligation as per the provisions of Juvenile Justice and Child Welfare Act.

The order was passed by a division bench of Justice Shashikant Gupta and Justice Pankaj Bhatia while disposing of the Petition of Ishwari Prasad Tiwari.

The Court said that on December 11, 1992, the Government of India accepted the United Nations Convention on the Rights of the Child. Describing children as the backbone of the society in the constitution, the State has been directed to protect their rights. Many times the law has been changed and in 2015 the Juvenile Justice (Care and Protection of Children) Act 2015 has been enacted, under which the Juvenile Justice Board is to be constituted in every District.

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The Government constituted committees in every district on December 14, 2016. Ad hoc arrangements have been made till regular selection after his term ends and a selection committee has been formed under the chairmanship of former Justice VN Mathur. Information has been given to complete the selection process by January 31,2021. Even before this, the Lucknow bench was assured from the Government to complete the selection by June 20. But this could not be done due to Corona. 

The Court has disposed of the Petition along with the directive due to the hearing in the Lucknow bench.


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