Allahabad HC tells UP Government to constitute Juvenile Justice Board expeditiously
A two-Judge Bench of the Allahabad High Court comprising Justices Shashi Kant Gupta and Pankaj Bhatia told the Uttar Pradesh State Government to take necessary steps and ensure constitution and expeditious functioning of the Juvenile Justice Board in the state.
The order was passed by the Court in the case of Ishwari Prasad Tiwari v. State of Uttar Pradesh.
The Petitioner informed the Court that the state government had failed to fill the vacancies in the past so many years.
After the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2015 a notification was published in the newspaper, following which a committee was formed in each district. However, their 3-year term expired in December, 2019.
Restating the necessity of the Board according to the 2015 Act, the Allahbad HC said:
“This Court once again reiterates that non-function of the Board is clearly against the mandate of Article 15(3) and against the solemn promise made in the form of ratification of United Nations Convention on the Rights of Children treaty. We hope and trust that the State Government shall take necessary steps for fulfilling the laudable objects of the Juvenile Justice (Care and Protection of Children) Act, 2015.”
The Court further directed that in case of any vacancy, steps should be taken to fill it six months prior to the date of such vacancy which is already provided for in the 2016 model Rules.