Child Rights and Juvenile Justice: Supreme Court Issues Landmark Directives for Implementation
The Supreme Court of India delivered a landmark ruling in Sampurna Behura v. Union of India & Ors., addressing serious deficiencies in the implementation of child protection laws in India. The case, filed as a Public Interest Litigation (PIL) by Sampurna Behura, exposed glaring lapses in the execution of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the Juvenile Justice (Care and Protection of Children) Act, 2015. The judgment underscores the constitutional obligation of the State to ensure the welfare and protection of children, emphasizing the need for proactive judicial oversight in safeguarding child rights.
Background of the Case
The PIL was filed in 2005 by Sampurna Behura, a social worker involved in child rights and welfare, seeking judicial intervention to address the non-implementation of laws protecting children, particularly those under the Juvenile Justice Act. The petition highlighted the failure of State Governments to establish key institutions such as Juvenile Justice Boards (JJBs), Child Welfare Committees (CWCs), Special Juvenile Police Units (SJPUs), and proper child care facilities. The Court observed that despite repeated resolutions in the Chief Justices’ Conferences since 2006, there had been little progress in enforcing child protection laws.
Key Legal Issues
- The failure of State Governments to implement provisions of the Juvenile Justice Act.
- The lack of proper infrastructure, trained personnel, and functioning of JJBs and CWCs.
- The absence of effective monitoring mechanisms and reporting systems for child care institutions.
- The need for judicial intervention to ensure compliance with child protection laws.
Petitioner’s Arguments
The petitioner, Sampurna Behura, argued:
- That the State Governments had failed in their duty to establish Juvenile Justice Boards and Child Welfare Committees as required by law.
- That children in conflict with the law and those in need of care and protection were being denied their fundamental rights due to administrative negligence.
- That many existing child care institutions lacked basic facilities, leading to inhumane living conditions.
- That police officers handling children were not adequately trained, leading to violations of child rights.
Respondents’ Arguments
The Union of India and State Governments contended:
- That steps had been taken to implement the provisions of the Juvenile Justice Act.
- That delays in setting up institutions were due to logistical and financial constraints.
- That various government initiatives, including online monitoring systems, were being developed to improve child protection mechanisms.
Supreme Court’s Observations
The Supreme Court, led by a bench comprising Madan B. Lokur and Deepak Gupta, expressed serious concerns over the lack of implementation of child protection laws. The Court observed:
“The State cannot ignore its constitutional and statutory obligations towards children. It is imperative to acknowledge that children have fundamental and human rights that must be enforced with urgency and commitment.”
1. Non-Implementation of Juvenile Justice Boards and Child Welfare Committees
The Court noted that despite statutory requirements, many States had failed to establish JJBs and CWCs in every district. Even where they existed, many did not function effectively due to the absence of trained personnel.
2. Poor Living Conditions in Child Care Institutions
The Court observed that many child care homes were in deplorable conditions, lacking hygiene, proper nutrition, and educational facilities. The Court emphasized the need for regular monitoring and inspections to ensure compliance with minimum care standards.
3. Need for Police Training and Sensitization
The Court highlighted the need for proper training of police officers dealing with children in conflict with the law. It directed the establishment of Special Juvenile Police Units (SJPUs) and the appointment of Child Welfare Police Officers in every district.
4. Role of State Commissions for Protection of Child Rights (SCPCR)
The Court noted that many State Commissions for Protection of Child Rights (SCPCRs) were either non-functional or had vacancies, impacting their ability to monitor and protect child rights effectively.
Supreme Court’s Directives
The Court issued a series of directives to ensure the proper implementation of child protection laws:
- State Governments must ensure that Juvenile Justice Boards and Child Welfare Committees are established and fully functional in every district.
- All Child Care Institutions must be registered and regularly inspected to maintain proper standards.
- The police must have dedicated Child Welfare Police Officers in every station and Special Juvenile Police Units in every district.
- The National Commission for Protection of Child Rights (NCPCR) and State Commissions (SCPCRs) must be fully staffed and actively monitor child rights violations.
- State Governments must allocate and utilize Juvenile Justice Funds for child welfare programs.
- Legal aid services must be strengthened to ensure proper representation for juveniles in conflict with the law.
- All High Courts must set up a mechanism to monitor child rights cases and oversee the implementation of juvenile justice laws.
Implications of the Judgment
This ruling is a watershed moment for child rights enforcement in India. The Supreme Court has set a precedent for judicial oversight in ensuring that children’s fundamental rights are upheld. The ruling reinforces:
- Accountability: State Governments can no longer delay implementing child protection laws.
- Better Infrastructure: Ensuring functional JJBs, CWCs, and child care institutions.
- Judicial Oversight: High Courts will now actively monitor the execution of child welfare laws.
Conclusion
The Supreme Court’s ruling in Sampurna Behura v. Union of India is a milestone in child rights jurisprudence. By holding the State accountable and mandating concrete steps for implementation, the Court has ensured that children’s rights are not just theoretical but actively enforced. This judgment serves as a guiding framework for ensuring the welfare, dignity, and protection of India’s children.
Petitioner Name: Sampurna BehuraRespondent Name: Union of India & Ors.Judgment By: Justice Madan B. Lokur, Justice Deepak GuptaJudgment Date: 09-02-2018
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