A notice to J&K government has been issued by the Supreme court of India on a PIL seeking implementation of Juvenile Justice (Care and Protection of Children) Act in the state.
A bench headed by Justice R M Lodha asked the government to respond within four weeks on the plea alleging that there is lack of implementation of the Act and many minors accused are being treated along with other habitual criminals.
The court passed the order on the PIL filed on behalf of 12-year-old Faizan alleging that despite being a minor he was not given protection under the Act.
He alleged in the petition that he was arrested at midnight of August 25 last year by police and was kept inside a police station which was meant for habitual criminals.
He pleaded the court all proceedings against him should be quashed as his arrest and detention amount to wrongful confinement. He also submitted that minor accused in the state are subjected to illegal detention because of non- implementation of the Act.
“He is a minor fully protected under the provisions of Juvenile Justice (Care and Protection of Children) Act. He is fully entitled to the protection of his basic rights as minor guaranteed under the Constitution,” said advocate Bhim Singh, appearing for the petitioner.