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Sampurna Behrua vs Union Of India & Ors on 12 October, 2011

Supreme Court of India
Sampurna Behrua vs Union Of India & Ors on 12 October, 2011
Bench: R.V. Raveendran, A.K. Patnaik
                          IN THE SUPREME COURT OF INDIA



                  CIVIL ORIGINAL JURISDICTION


          WRIT PETITION (CIVIL) NO. 473 OF 2005


Sampurna Behura                                               .....Petitioner



                                  Versus



Union of India and Others                                .....Respondents 





                               O R D E R 

In this Writ Petition under Article 32 of the

Constitution, the Court has been monitoring the

implementation of the Juvenile Justice (Care and Protection

of Children) Act, 2000 (for short `the Act’). The Court has

already passed several orders for constitution of Juvenile

Justice Boards under Section 4 of the Act and Child Welfare

Committees under Section 29 of the Act in different States

and Union Territories and most of the States and Union

Territories have taken steps to constitute the Juvenile

Justice Boards and the Child Welfare Committees. As there

were complaints that in many districts Child Welfare

Committees were not operational or functional and even

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Juvenile Justice Boards had not been constituted in the

manner provided in the Act, in our order dated 19.08.2011

we have requested the State Legal Services Authorities to

coordinate with the respective Child Welfare Department of

the States to ensure that the Juvenile Justice Boards and

Child Welfare Committees are established and are

functional with the required facilities.

2. We think that we must now monitor the

implementation of the provisions of the Act relating to

Special Juvenile Police Unit. Section 63 of the Act is quoted

hereinbelow:

“63. Special juvenile police unit.- (1) In order

to enable the police officers who frequently or

exclusively deal with juveniles or are primarily

engaged in the prevention of juvenile crime or

handling of the juveniles or children under this

Act to perform their functions more effectively,

they shall be specially instructed and trained.

(2) In every police station at least one officer

with aptitude and appropriate training and

orientation may be designated as the ‘juvenile or

the child welfare officer’ who will handle the

juvenile or the child in co-ordination with the

police.

(3) Special juvenile police unit, of which all

police officers designated as above, to handle

juveniles or children will be members, may be

created in every district and city to co-ordinate

and to upgrade the police treatment of the

juveniles and the children.”

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3. The Home Departments and the Director Generals of

Police of the States/Union Territories will ensure that at

least one police officer in every police station with aptitude

is given appropriate training and orientation and designated

as Juvenile or Child Welfare Officer, who will handle the

juvenile or child in coordination with the police as provided

under sub-section (2) of Section 63 of the Act. The required

training will be provided by the District Legal Services

Authorities under the guidance of the State Legal Services

Authorities and Secretary, National Legal Services

Authoritiy will issue appropriate guidelines to the State

Legal Services Authorities for training and orientation of

police officers, who are designated as the Juvenile or Child

Welfare Officers. The training and orientation may be done

in phases over a period of six months to one year in every

State and Union Territory.

4. The Home Departments and the Director Generals of

Police of the States/Union Territories will also ensure that

Special Juvenile Police Unit comprising of all police officers

designated as Juvenile or Child Welfare Officer be created in

every district and city to coordinate and to upgrade the

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police treatment to juveniles and the children as provided in

sub-section (3) of Section 63 of the Act.

5. The matter be listed in the first week of January, 2012

when the State Governments and the Union Territories will

file an affidavit stating steps taken by them pursuant to this

order.

…………………………….J.

(R. V. Raveendran)

…………………………….J.

(A. K. Patnaik)

New Delhi,

October 12, 2011.

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