High Court Seeks Response From Centre, Delhi Govt On PIL Alleging 'Huge' Case Pendency Before Juvenile Justice Boards

The Delhi High Court on Wednesday issued notice on a public interest litigation alleging huge pendency before the Juvenile Justice Boards in the national capital and non-implementation of the Juvenile Justice Act 2015.

A division bench comprising Chief Justice dk Upadhyaya and Justice Tushar Rao Gedela sought response of the Union Government, Delhi Government, National Commission for Protection of Child Rights, Delhi Commission for Protection of Child Rights and the High Level Committee constituted under Section 16(2) of the JJ Act, 2015.

The plea has been filed by iProbono India Legal Services through Advocates Samyak Gangwal, Yamina Rizvi, Ankita Talukdar and Siddharth Desarda.

The Court granted four weeks' time to the authorities to file their replies and two weeks' to the petitioner for filing rejoinder, if any.

In the meantime, the Court directed the petitioner to make a representation to the Juvenile Justice Committee of the Delhi High Court giving in detail the grievances raised in the PIL. The said representation shall be preferred by the petitioner within a fortnight from today, the Court said.

The matter will now be heard on September 24.

During the hearing today, CJ orally told the Delhi Government's counsel that as per the scheme of the Juvenile Justice Act, it is the responsibility of the State Government to administer the provisions of the enactment.

The Court added that the constitution of the board as well as its removal is entrusted with the State Government, including the overall functioning of the boards.

The petition seeks effective implementation of the Juvenile Justice Act, 2015, and to secure the rights of Children in Conflict with Law by enforcing the strict timelines prescribed under the enactment for the disposal of inquiries by the Juvenile Justice Boards.

“The instant PIL has been necessitated due to the shockingly poor adherence to these timelines, resulting in a severe miscarriage of justice and violation of the rights of children, who are entitled to a fair and speedy trial under Article 21 of the Constitution of India as well as under the provisions of the JJ Act, thereby rendering nugatory the very substratum of the statute as also the aims and objects for which it was enacted i.e., to provide CCLs with timely rehabilitation and reintegration into society,” the plea said.

A direction is sought that the Chief Judicial Magistrates and Chief Metropolitan Magistrates review the pendency of cases of the Boards once in every three months in accordance with Section 16(1) of the JJ Act and to submit a compliance report before the High Court.

A further direction is sought that the the Juvenile Justice Boards must publish on a quarterly basis information of pendency on a publicly accessible website.

A direction is sought on the authorities to take all necessary and consequential steps to integrate Juvenile Justice Boards on the National Judicial Data Grid.

It has also sought that the authorities must specify the time schedule for disposal of cases on the first date of hearing in accordance with Rule 12(1) of the JJ Rules.

Title: iProbono India Legal Services v. Union of India & Ors