Sampurna Behura Vs. Union
of India and Others
O R D E R
1.
In
this Writ Petition under Article 32 of the Constitution, the Court has been monitoring
the implementation of the Juvenile Justice (Care and Protection of Children) Act,
2000 (for short `the Act'). The Court has already passed several orders for constitution
of Juvenile Justice Boards under Section 4 of the Act and Child Welfare Committees
under Section 29 of the Act in different States and Union Territories and most of
the States and Union Territories have taken steps to constitute the Juvenile Justice
Boards and the Child Welfare Committees.
As there were complaints
that in many districts Child Welfare Committees were not operational or functional
and even Juvenile Justice Boards had not been constituted in the manner
provided in the Act, in our order dated 19.08.2011 we have requested the State Legal
Services Authorities to coordinate with the respective Child Welfare Department
of the States to ensure that the Juvenile Justice Boards and Child Welfare Committees
are established and are functional with the required facilities.
2.
We
think that we must now monitor the implementation of the provisions of the Act relating
to Special Juvenile Police Unit. Section 63 of the Act is quoted hereinbelow: "63.
Special juvenile police unit.-
(1) In order to enable
the police officers who frequently or exclusively deal with juveniles or are primarily
engaged in the prevention of juvenile crime or handling of the juveniles or
children under this Act to perform their functions more effectively, they shall
be specially instructed and trained.
(2) In every police station
at least one officer with aptitude and appropriate training and orientation may
be designated as the 'juvenile or the child welfare officer' who will handle the
juvenile or the child in co-ordination with the police.
(3) Special juvenile police
unit, of which all police officers designated as above, to handle juveniles or children
will be members, may be created in every district and city to co-ordinate and to
upgrade the police treatment of the juveniles and the children."
3.
The
Home Departments and the Director Generals of Police of the States/Union Territories
will ensure that at least one police officer in every police station with
aptitude is given appropriate training and orientation and designated as Juvenile
or Child Welfare Officer, who will handle the juvenile or child in coordination
with the police as provided under sub-section (2) of Section 63 of the Act.
The required training
will be provided by the District Legal Services Authorities under the guidance of
the State Legal Services Authorities and Secretary, National Legal Services Authoritiy
will issue appropriate guidelines to the State Legal Services Authorities for training
and orientation of police officers, who are designated as the Juvenile or Child
Welfare Officers. The training and orientation may be done in phases over a
period of six months to one year in every State and Union Territory.
4.
The
Home Departments and the Director Generals of Police of the States/Union Territories
will also ensure that Special Juvenile Police Unit comprising of all police
officers designated as Juvenile or Child Welfare Officer be created in every district
and city to coordinate and to upgrade the police treatment to juveniles and the
children as provided in sub-section (3) of Section 63 of the Act.
5.
The
matter be listed in the first week of January, 2012 when the State Governments
and the Union Territories will file an affidavit stating steps taken by them
pursuant to this order.
..................................J.
(R. V. Raveendran)
..................................J.
(A. K. Patnaik)
New
Delhi,
October
12, 2011.
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