Staff Reporter
Guwahati: The Senior Government Advocate produced a copy of written instruction dated November 4, 2024, along with certain documents before the Gauhati High Court and verbally submitted that, as per his instruction, the State Child Protection Policy as well as the Juvenile Justice (Care and Protection of Children) Rules are likely to be settled and notified by the end of this year.
The submissions were made during the hearing by the division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury in a public interest litigation (Case No. PIL/60/2019) filed by the Bachpan Bachao Andolan and Sampurna Behura regarding implementation of the State Child Protection Policy as well as the Juvenile Justice (Care and Protection of Children) in the state of Assam.
During the hearing, the counsel for the petitioner as well as the standing counsel for the High Court pointed out that in several judicial districts, the Juvenile Justice Boards (JJBs, in short) have not been constituted, and the child in conflict with the law is subjected to the jurisdiction of the nearest JJBs.
The bench accordingly stated that the state government shall inform the court by way of a report as to (i) whether JJBs have been constituted in each and every district; (ii) whether it is properly constituted in accordance with the Juvenile Justice (Care and Protection of Children) Act; and (iii) it will also be indicated therein the last date of tenure of the various members of the JJBs. In the said report, it should also be indicated if the JJBs in districts where no JJBs are constituted are taken up and whether such a process is backed by any notification of the state government so as to empower the JJBs of a different district to act as a JJB for the other district.
Before parting with the records, the bench once again recorded its hope and trust that the state government will do the needful to notify the draft Child Protection Policy as well as Juvenile Justice (Care and Protection of Children) Rules at the earliest by expediting the consultation process.
The bench also wanted to be updated about the process and was awaiting the report of the functioning and the constitution of JJBs, asking that the matter be listed again on December 18, 2024.
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