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2019 DIGILAW 197 (MEG)

Suo Motu Action for the Effective Implementation of the Juvenile Justice Act, 2015 v. State of Meghalaya

2019-10-11

AJAY KUMAR MITTAL, H.S.THANGKHIEW

body2019
ORDER : Ajay Kumar Mittal, J. 1. In pursuance to the directions issued by the Hon'ble Apex Court in W.P.(Civil) No. 473 of 2005 titled "Sampurna Behura v. Union of India" vide order dated 09.02.2018, one of the directions passed by the Supreme Court was for the High Court to initiate suo motu proceedings for effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short "the Act") so that road blocks, if any, encountered by statutory authorities under the Act and the High Court Juvenile Justice Committee could address after hearing the concerned authorities. On the aforesaid note and directions contained at serial number 16 of paragraph 95, the present Public Interest Litigation [PIL] was registered suo motu on the directions of the Supreme Court and same was placed before the Division Bench. 2. Learned State counsel has filed the synopsis giving various steps taken by the State Government for effective implementation of the Act as under:- "1. The instant PIL has been taken up suo motu by this Hon'ble High Court of Meghalaya pursuant to Hon'ble Supreme Court's order dated 09.02.2018 passed by the Hon'ble Apex Court in Writ Petition (Civil) No. 473 of 2005 (Sampurna Behura v. Union of India) for effective monitoring and implementation of the Juvenile Justice (Care & Protection of Children) Act, 2015. 2. That this Hon'ble Court vide order dated 26.02.2018 was pleased to direct the respondents to file the affidavit as to whether the various steps required under the Juvenile Justice (Care & Protection of Children) Act, 2015. 3. That the State of Meghalaya and other respondents filed the affidavit. Meghalaya State Legal Services Authority also filed an affidavit indicating the various steps and measures taken by the State for effective implementation of the Juvenile Justice (Care & Protection of Children) Act, 2015. 4. That in this connection, the Superintendent of Police of all the eleven districts have filed their respective affidavits has clearly stated the establishment of the Juvenile Police Units with the Superintendent of Police of each district as it had meant of coordinate all the functions of police relating to children as per the Juvenile Justice Act, 2015. 5. That similarly the Principal Magistrate of Juvenile Justice Board from various districts of Meghalaya also filed their respective affidavits on 20.04.2018. 6. 5. That similarly the Principal Magistrate of Juvenile Justice Board from various districts of Meghalaya also filed their respective affidavits on 20.04.2018. 6. That subsequently the Director Social Department, Government of Meghalaya on 31.05.2018 also filed affidavit and furnished detailed information regarding Remand/Observation Home, Juvenile Home, Shelter Homes, and after-Care Homes for adolescents. It mentioned that there are 3 (three) Juvenile Homes and 2 (two) Observation Homes at Shillong, one for Boys and the other one for Girls. It also stated that under the Integrated Child Protection Scheme, the Government has established a permanent building containing Observation Homes, Special Homes, Place of Safety and Shelter Homes for the implementation of the Juvenile Justice Act, 2015 and has also given the number of children who are residing in these Homes. 7. That on 18.06.2019, the Director Social Welfare, Government of Meghalaya again filed a detailed affidavit regarding setting of Remand/Observation Homes, Juvenile Homes, Shelter Homes after-Care Homes etc. and mentioned in detailed regarding the various Homes run by the Government as well as by NGOs and other agencies in respect of (i) Ri Bhoi District (ii) South West Khasi Hills, Mawkyrwat (iii) West Khasi Hills, Nongstoin (iv) East Garo Hills, Williamnagar (v) North Garo Hills, Resubelpara (vi) East Khasi Hills, Shillong and (vii) West Jaintia Hills, Jowai. And provided details regarding the number of children lodged therein, amount of money allocated for each children and the nature of accommodation provided for the various homes. In response to which the Meghalaya State Legal Services Authority to the Member Secretary also filed their affidavit of response to the affidavit filed by the State and for which it examined the various steps as taken by the State Government as required under the Juvenile Justice (Care & Protection of Children) Act, 2015 and for its effective implementation. Further, the Member Secretary, MSLSA also examined the actual condition in the various Remand/Observation Homes, Juvenile Homes and Shelter Homes in all the 11 (eleven) districts of Meghalaya and categorically found them satisfactory both in terms of number and space as well as facilities and that the State has taken various corrective steps to ensure the effective implementation of the Juvenile Justice (Care & Protection of Children) Act, 2015. That it is humbly submitted that the instant PIL may also be closed as most of the requirements have been adequately addressed by the State Government in terms of the order passed by Hon'ble Apex Court in Writ Petition (Civil) No. 473 of 2005 (Sampurna Behura v. Union of India)." 3. An affidavit has also been filed by the Member Secretary, Meghalaya State Legal Services Authority (MSLSA) indicating that this Court vide order dated 26.02.2018 had directed the respondents to file their respective affidavits stating whether various steps/measures have been taken by the State for effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as Juvenile Justice Act, 2015). The State Government has filed the requisite affidavit. Vide orders dated 20.06.2019 and 02.08.2019 the Member Secretary was directed to examine the said response filed by the State Government. The affidavit provides that the State and other respondents have taken various steps/measures as required for effective implementation of Juvenile Justice Act, 2015. Further, that the present condition in Remand/Observation Homes, Shelter Homes and Juvenile Homes in all districts is satisfactory both in terms of number, space and facilities and various corrective steps/measures are also under process. A prayer has been made that in the event of any impediment in future, MSLSA may be granted the liberty to approach this Court for necessary orders and directions in terms of the order passed by the Hon'ble Apex Court in the case of Sampurna Behura v. Union of India. The affidavit reads thus:- "I, Shri Noor Ain Khan, son of (L) A.H. Khan, aged about 44 years, resident of Nongrimmaw, Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya do hereby solemnly affirm and declare as follows:- 1. That I am presently serving as the Member Secretary, Meghalaya State Legal Services Authority and I am competent to swear this affidavit on behalf of Meghalaya State Legal Services Authority. 2. That the instant PIL has been taken up by the Hon'ble Court for monitoring effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 pursuant to the order dated 09.02.2018 passed by the Hon'ble Apex Court in Writ Petition (Civil) No. 473 of 2005 (Sampurna Behura v. Union of India) so that road-blocks, if any, encountered by statutory authorities etc are meaningful addressed after hearing the concerned governmental authorities. 3. 3. That the deponent states that this Hon'ble Court vide order dated 26.02.2018 and 20.06.2019 was pleased to direct all the respondents to file affidavit indicating as to whether the various steps required under the Juvenile Justice (Care and Protection of Children) Act, 2015 have been taken. Pursuant to the above, the State of Meghalaya and other respondents filed their affidavit. Meghalaya State Legal Services Authority also filed an affidavit indicating the various steps and measures taken by the State for effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015. In response to the same, the State of Meghalaya also filed an affidavit. This Hon'ble Court vide orders dated 20.06.2019 and 02.08.2019 was further pleased to direct the deponent to examine the said response of the State of Meghalaya. 4. That the deponent states that he has gone through the affidavits filed by the State Respondent and the other respondents and submits the various steps as required under the Juvenile Justice (Care and Protection of Children) Act, 2015 for effective implementation of the said Act have been taken by the respondents. Further, the present condition in the Remand/Observation Homes, Juvenile Homes and Shelter Homes in all the districts in the State of Meghalaya is satisfactory both in terms of number and space as well as facilities and they have also taken various corrective steps which are under process. In the event of any impediment in future, the Meghalaya State Legal Services Authority may be granted the liberty to approach this Hon'ble Court for necessary orders and directions in terms of the orders passed by the Hon'ble Apex Court in Writ Petition (Civil) No. 473 of 2005 (Sampurna Behura v. Union of India)." 4. In view of the above, we are satisfied that the implementation of Juvenile Justice Act, 2015 is being carried out in an effective manner in the State of Meghalaya. Accordingly, this PIL stands disposed of. However, liberty is granted for revival of the PIL in case, if need so arises.