Defunct JJB leaves juveniles in a lurch

CWC-JJB PANELS DISBANDED Future of thousands of juveniles in conflict with law hangs in balance as HC order to reinstate panels till July 1, 2020, ignored

NOIDA: The hearing and disposal of all cases pertaining to juveniles in the district remain suspended as the Juvenile Justice Board (JJB) and the Child Welfare Committee (CWC) stand disbanded in Gautam Budh Nagar, despite two directives from a bench of the Lucknow High Court (HC) revoking the Uttar Pradesh Government’s order.

As of January 31, the district had almost 1,150 cases pending with the JJB, while approximately 200 ‘juveniles in conflict with the law’ were lodged in the district observation home. “None of these cases can progress until the bodies are reinstated by the government,” said an official source who wished to remain anonymous. This official further said that as all hearings were suspended, children’s cases were not being presented in the court because of which the duration of the minors’ custody, for now, had become indefinite.

On January 31, the state government had ordered that all

JJBS and CWCS across the state should be disbanded as their term had expired (the panels were constituted in 2018) and that their entire work should be handed over to an Adm-level official nominated by district magistrate for the CWC and a judicial official for the JJB.

District magistrate BN Singh, however, said the system was working smoothly. “Two officials have been nominated in the district to look after all juvenile cases. This is a temporary arrangement and we will work according to the directions that will be given by the government.”

An official requesting anonymity said state’s decision to appoint one official for the entire panel is in violation of Section 7 of the JJ Act, which states that at least two members are needed to handle all cases.

Since this order was passed a Lucknow bench of the high court has directed the state government on two occasions (Feb 7 and Feb 12) to reinstate the panels and extend their term till July 1, 2020. But the state was yet to issue a notification.

Director of women welfare Manoj Kumar Rai said, “We have written to the government about the court orders which take precedence above anything else. The respective districts should resume their work.”

Despite this, district probationary officers in certain districts of the state have directed the former panel members to not do any work until orders were received from the government leaving the system in a limbo.

“We cannot resume our work until we receive orders from the government,” said former Gautam Budh Nagar JJB member Aneet Kumar Singh Baghel.

Officials added that suspension of the panel has disrupted the entire justice machinery. “We have been receiving calls from children and parents with their problems, but we cannot do anything in this matter until we receive a notification from the government. These bodies are not being able to fulfill the purpose for which they were constituted,” Noida CWC member Kamal Dutta said.

Experts were critical of the delay in appointing a new panel and reviving the old one till the court deadline.

“The bodies have a two-year term and everyone knew it was coming to an end. If the term was expiring, the government should have nominated another panel beforehand; there was ample time. In addition, the new officials (temporary appointees) have not been sensitised on how to handle children’s issues. These are delicate matters which require caution on behalf of the presiding official. With the wrong approach, it can negatively impact the child,” said Satya Prakash, programme manager at FXB India Suraksha, an NGO.

He said the situation was specially problematic in cases of inter-state transfers. “The CWCS of other states are not considering orders signed by the CWCS, as appointed in UP. For them, these orders are null and void. This is directly affecting children’s welfare,” he said.

Uttar Pradesh has 75 districtlevel CWCS and JJBS, which are yet to be constituted for the next term.