'Mere Enactment Not Enough': Kerala High Court Issues Directions For Effectively Implementing Juvenile Justice Act, SC Guidelines

The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, issued the directions while delivering the judgment in two connected cases, one suo motu petition and a public interest petition filed by Bachpan Bachao Adolan, an NGO founded by Nobel Laureate Kailash Satyarthi and its programme director Sampurna Behura.

The petitions sought enforcement of the Supreme Court's 2018 directions mandating States to strengthen child protection mechanisms.

Justice Basant Balaji, who authored the judgment, began with a quote from Justice V.R. Krishna Iyer, emphasizing that the true measure of civilization lies in fulfilling the obligations owed to children.

The judgment explored the history of juvenile legislations in India by analysing the legislations in Pre-Independent India and Post- Independent India and observed that even though the post independence reforms shaped India's Juvenile Justice System into a more rehabilitative and welfare model, challenges such as delayed trials, inadequate rehabilitation facilities, and lack of awareness about juvenile rights persisted.

The Court further noted that the Sampura Behura case affirmed the judiciary's role in compelling the executive to fulfill its constitutional duty.

“It set a precedent that mere enactment of laws is not enough rather, their effective implementation is a mandatory obligation. In essence, the Sampurna Behura judgment transformed the legal philosophy on juvenile justice in India.” it added.

The petitioners placed reliefs under two heads, the first part dealt with the implementation of direction of Supreme Court in Sampurna Behura and the second part dealt with the issues that required judicial intervention to meet the object and purpose of the Act of 2015.

The Court examined the establishment and members of Kerala State Commission of Child Rights (KeSCPCR) and noted that a dearth in human resources can severely affect the operational efficiency of the commission.

“ The recurring delays in appointment in the Commission interrupts the continuity of its work. A shortage of supporting administrative and technical staff in units like the POCSO and Juvenile Justice Cells is also a persistent challenge, limiting the Commission's ability to effectively handle the high volume of cases and conduct extensive monitoring across the State. Altogether, these resource limitations compromise the Commission's capacity to be a robust, full-time independent body for child protection.” the Court observed.

The role of State Child Protection Society (SCPS) and District child Protection Unit (DCPU), were also examined and it was concluded that the critical human resource, lack of inspections for proper monitoring and financial deficiencies were blocking the functioning of SCPS and DCPUs.

The vacancies among social workers was pointed out as a drawback in the functioning of the Child Welfare Committee(CWC) and Juvenile Justice Board(JJB). The role of probation officer under Juvenile Justice Model Rules, 2016 was also examined.

The Court has underlined the use of Information Technology in efficient implementation and monitoring of the Act of 2015, by pointing out different digital platforms to streamline the system.

The Court has also highlighted the role of the Special Juvenile Police Unit (SJPU) and the Child Welfare Police Officer (CWPO) as mandated under the Act of 2015, to deal with all matters concerning children in a child-friendly manner.

It further noted that the Kerala State Legal Services Authority (KeLSA), along with its District Legal Services Authorities (DLSAs), acts as a pivotal pillar in the juvenile justice system by fulfilling the statutory mandate of the Act of 2015.

The Court also noted the State and Central Government has to make Model Rules which are necessary for structuring the framework of functioning of the entire juvenile justice system. It further explored the 'Social Audit” under the Act and observed:

“The audit goes beyond financial scrutiny to evaluate the quality of life in CCIs, checking for adherence to minimum standards of care, protection, rehabilitation, education, and social re-integration.”

The Court thus issued time-bound direction as following:

(i) All existing vacancies in the Kerala State Commission for Protection of Child Rights (KeSCPCR) must be filled within four weeks.

(ii) The process of filling up future vacancies must be initiated at least 4 months prior to the occurrence of vacancy to ensure continuity and effective functioning of the Statutory body. The Section 17 of Commissions for Protection of Child Rights (CPCR) Act, 2005, must be complied with for appointment in the State Commission.

(iii) Annual report for 2024-25 under the Commissions for Protection of Child Rights Act, 2005 (CPCR Act), shall be completed and published within a period of 8 weeks.

(iv) Annual reports in future shall be prepared and published by the end of June every year and special report at any time on any matter depending on the urgency of the matter must be published.

(v) Comprehensive Multi-Stakeholder Standard Operating Procedure (SOP) or such guidelines shall be prepared for conducting inspections of all Child Care Institutions (CCIs) every year to create an effective monitoring mechanism.

(vi) Remaining process of reconstitution of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) shall be completed within 8 weeks.

(vii) CWCs shall meet at least 21 days a month, as mandated under Section 28 of the Act of 2015.

(viii) The process of filling up anticipated vacancies in JJBs and CWCs shall be initiated at least 4 months in advance to ensure that the posts do not remain vacant.

(ix) The process of filling up anticipated vacancies in the posts of Probationary Officers (POs) shall be commenced at least 4 months in advance to curb the issue of non – functioning of the system due to non-availability of the staff.

(x) A draft protocol for information and rehabilitation of the children shall be prepared within a period of 3 months.

(xi) Data pertaining to the State of Kerala regarding the missing and rescued children identified in the State, shall be made available on the National Mission Vatsalya Portal, within a period of 3 months.

(xii) Ensure that necessary directions are issued to constitute the Special Juvenile Police Units (SJPUs) in the districts and cities in the areas where they have not been so constituted, within a period of 3 months, under the charge of the Officers not below the rank of Deputy Superintendent of Police.

(xiii) Ensure that in every police station, at least one officer not below the rank of Assistant Sub – Inspector is designated as the Child Welfare Officer (CWO), within a period of 4 months.

(xiv) Finalise the Model Rules, 2016, and notify within a period of 3 months.

(xv) Social Audits to be conducted every year, and a report thereof shall be submitted by the end of June of the year in which the audit is carried out.

The Court also directed that the Principal Secretary, Women and Child Development Department would oversee compliance, aided by all relevant departments.

Case Title : Suo Motu v The Government of Kerala and Connected case

Case No: WP(C) 7380/ 2018

Citation: 2025 LiveLaw (Ker) 711

Counsel for Petitioner: Deepu Thankan, Ummul Fida, Lakshmi Sreedhar

Counsel for Respondent: V Manu (Spl. GP), Thoufeek Ahamed, Santhish Mathew (Sr.), Arun Thomas, Jennis Stephen, Vijay V Paul, Karthika Maria, Anil Sebastian Pulickel, Aparna S