Taking in view the importance of implementation of the provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Protection of Children from Sexual Offences (POCSO) Act, 2012, the High Court of Madras has constituted a Special Bench for the purpose.

The Division Bench of Justice Sunder Mohan and Justice N. Anand Venkatesh directed the Registry to inform all the associations of lawyers and advocates in both Chennai (principal bench) and Madurai to assist the court in dealing with the subject matter, given the importance of the issue. 

The High Court further instructed the Director General of Police (DGP), Pondicherry and the Tamil Nadu DGP to submit before it, all data related to the children in conflict with law and survivors below 18 years of age. 

It also sought details of all cases pending before the police for investigation and before the court for adjudication under the JJ Act and the POCSO Act. 

The Special Bench, comprising Justice Mohan and Justice Venkatesh, was constituted in line with an administrative order dated April 4, 2023, passed by the Acting Chief Justice of the Madras High Court, T. Raja. 

The administrative order passed in April was on a recommendation made by Justice Venkatesh and Justice P.N. Prakash (now retired). 

The Bench of Justice Venkatesh and Justice P.N. Prakash had passed the order then on a Habeas Corpus writ petition filed under Article 226 of the Constitution by a father alleging illegal detention of his daughter by the authorities.  

The petition stated that after a video was posted and circulated on social media platform showing one of her classmates tying a thaali (mangalsutra) around her neck, she was subjected to ‘two finger test’ or ‘virginity test’ that is prohibited in India and sent to a state-run shelter by the Child Welfare Committee (CWC).

The Madras High Court has disposed of a Public Interest Litigation (PIL) filed seeking a direction to the respondents to continue to retain the 9 temple elephants in their respective temples permanently and its care and maintenance.

The PIL filed by one N.Sivaganesan further seeks direction to take all measures in accordance with law for more upkeep in the welfare and maintenance of the temple elephants in the State of Tamil Nadu. The elephants named in the PIL are 1. Moni @ Akila, 2. Pohili Boomadevi, 3. Bhagyawati @ Abirami, 4. Prerona, 5. Joon @ Sundaravalli, 6. Bhogeswari @ Ramalakshmi, 7. Joymala @ Jayamalyatha 8. Makhani@ Sundaravalli Nachiar and 9. Monimala.

It is the case of the petitioner that a video-clipping was circulated alleging harassment caused to an elephant in one of the temples in Tamil Nadu and, hence, the Government of Assam is taking steps to take back the temple elephants gifted by individuals in Assam.

When the petition was taken up for hearing, Additional Advocate General J. Ravindran, appearing on behalf of the respondents, submitted that the respondents have no intention to send the temple elephants back to Assam and that they are taking care of the temple elephants in the best possible manner.

In view of the submission made by Additional Advocate General, the Division Bench of Chief Justice Munishwar Nath Bhandari and Justice Sunder Mohan do not find reason to give any further direction to the respondents to take care of the temple elephants.

Accordingly, the High Court disposed of the PIL.