The High Court of Allahabad has directed the Govt of Uttar Pradesh to take steps for the constitution of Juvenile Justice Board (JJB) in each district of the state, expeditiously.
The Court asked the Govt to ensure that the board is constituted in every district of the state to take appropriate measures including those related to children accused of violating any penal laws.
Besides, the Court also directed the State Govt to ensure that in future, steps for filling vacancies in the JJB are taken at least 6 months prior to the date of the post getting vacant.
Disposing of a writ petition, filed by 1 Ishwari Prasad Tiwari, justice Shashi Kant Gupta & justice Pankaj Bhatia observed, “This court once again reiterates that non-function of the board is clearly against the mandate of Article 15(3) of the Constitution, which provides that state shall make special provisions for women & children.”
In the present case, the petitioner has claimed that despite the directions of the Court & the statement given before this Court, the constitution of the Juvenile Justice Board hasn't taken place in the state.
The Court further observed, “Children are the backbone of the country & Article 15(3) mandates the state to take special measures to protect the rights of the children.”
Section 4 of the Juvenile Justice Act provides for a JJB in every district. The said board comprises a metropolitan magistrate or a judicial magistrate of the first class & two social workers, at least 1 of whom shall be a woman.
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