LI Network
Published on: October 11, 2023 at 10:45 IST
The Bombay High Court has raised concerns over the substantial backlog of over 40,051 cases before the Juvenile Justice Board (JJB) and the Child Welfare Committee (CWC). This issue came to the forefront during a hearing of a Public Interest Litigation (PIL) filed by an NGO.
A division bench comprising Justices Nitin Jamdar and Manjusha Deshpande expressed alarm at the staggering number of pending cases, stating that it appears to undermine the spirit of the Juvenile Justice Act of 2015.
The bench noted, “…the figures of 10,008 cases pending before the Juvenile Justice Board and 30,043 cases pending before the Child Welfare Committee would amount to nullifying the spirit of the Act.”
The PIL was filed by the NGO Bachpan Bachao Andolan and its director Sampurna Behura, seeking the implementation of the 2018 guidelines by the Supreme Court for the proper enforcement of the Juvenile Justice Act.
The Supreme Court had emphasized the need for regular sittings of JJBs and CWCs to minimize the number of pending inquiries and ensure justice to juveniles in conflict with the law and the protection of children in need of care and protection.
The petitioners cited a report from the respondent authorities, indicating that as of May 3, 2023, there were over 40,000 pending cases.
They also pointed out the provisions of the JJ Act, including Section 14(2), which mandates that the JJB must complete its inquiry within four months from the date of the first production of the child before it, with a maximum extension of two months.
Section 36(2) of the Act specifies that the social investigation of the child should be completed within 15 days to enable the Child Welfare Committee to issue the final order within four months of the child’s first production.
In light of these provisions, the court issued several directions. It instructed the Secretary of the Department of Women and Children, Government of Maharashtra, to issue necessary instructions to collect up-to-date data on pending cases before the JJB and CWC Committees in the state.
This data should include the date of institution and disposal of cases in the last three years, as well as details of pending cases.
The court also sought an explanation from the JJB and/or CWC regarding the reasons for the backlog and any difficulties faced by these boards and committees in expediting case resolutions.
Once this data is collected, the Secretary will analyze the responses from the boards and committees and review the reasons and suggestions for the backlog, presenting the findings to the court through an affidavit.
Additionally, the court requested information on the status of databases for missing children, trafficked children, and follow-up on adoption cases, in accordance with the JJ Act’s objectives.
Furthermore, the bench asked the Maharashtra State Legal Services Authority to explain how it has been assisting government authorities, as mandated by the Supreme Court.
The matter will be heard again on October 26, 2023.