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.
