The Allahabad High Court has that directed the State Government that steps for constitution of the Juvenile Justice Board and Child Welfare Committee be taken expeditiously and in the future, the State Government should ensure that the vacancies are expeditiously filled up and steps for filling the vacancies be taken at least six months prior to the date of the vacancy falling due.
The order was passed by a division bench comprised of Justice Shashikant Gupta and Justice Pankaj Bhatia while disposing of the Petition filed by Ishwari Prasad Tiwari for the constitution of the Juvenile Justice Board and Child Welfare Committee in state.
The court reiterates that:
“Non-function of the Board is clearly against the mandate of Article 15(3) and against the solemn promise made in the form of ratification of United Nations Convention on the Rights of Children treaty. We hope and trust that the State Government shall take necessary steps for fulfilling the laudable objects of the Juvenile Justice (Care and Protection of Children) Act, 2015.”
The Court has expressed hope that the Government will fulfil its obligation as per the provisions of Juvenile Justice and Child Welfare Act.
The Court said that the United Nations Convention on Rights of Children was ratified by India on 11th December, 1992, wherein it was agreed by the member Nations to undertake all appropriate measures including measures in respect of children, who are accused of violating any penal laws. Children are the backbone of the country and Article 15(3) also casts a mandate upon the State to take steps for special measures to protect the rights of the children.
Case details
Case: - WRIT - C No. - 15749 of 2020
Petitioner: - Ishwari Prasad Tiwari
Respondent: - State Of U.P. And 4 Others
Counsel for Petitioner: - Anurag Yadav
Counsel for Respondent: - C.S.C.
Quorum: Justice Shashikant Gupta and Justice Pankaj Bhatia
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