SAMPURNA BEHURA versus UNION OF INDIA & ORS.

SAMPURNA BEHURA versus UNION OF INDIA & ORS.

Effective implementation of the Juvenile Justice Act requires all positions in statutory bodies, including NCPCR, SCPCR, JJBs, CWCs, State and District level Child Protection Societies, and Police Units, to be filled expeditiously, with regular sittings and proper training. State Governments, Union Territories, and High Courts must take proactive steps for child welfare, proper management of Child Care Institutions, and utilization of technology. Directions are issued to ensure compliance and to establish child friendly and vulnerable witness courts.

Parties
Petitioner: Sampurna Behura; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
09 February 2018
Procedural Posture
Writ Petition (civil) / Final Disposal
Outcome
Petition disposed of with directions.
Legal Topics
Implementation of Juvenile Justice Act, Child Welfare Committees, Juvenile Justice Boards, State Child Protection Societies, District Child Protection Units, Special Juvenile Police Units, Establishment of Homes for Children, Child Friendly Courts, Vulnerable Witness Courts
Juvenile Justice Child Welfare Constitutional Law Implementation of Juvenile Justice Act Child Welfare Committees Juvenile Justice Boards State Child Protection Societies District Child Protection Units +4 more

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Parties

Sampurna Behura

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Disposal

Legal Issues

  1. 1 Non-implementation and tardy implementation of laws beneficial to children under the Juvenile Justice Act of 2000 and 2015
  2. 2 Failure of State Governments to establish statutory bodies and homes for children
  3. 3 Role of various stakeholders and bodies in the implementation of child rights

Ratio Decidendi

Effective implementation of the Juvenile Justice Act requires all positions in statutory bodies, including NCPCR, SCPCR, JJBs, CWCs, State and District level Child Protection Societies, and Police Units, to be filled expeditiously, with regular sittings and proper training. State Governments, Union Territories, and High Courts must take proactive steps for child welfare, proper management of Child Care Institutions, and utilization of technology. Directions are issued to ensure compliance and to establish child friendly and vulnerable witness courts.

Court Disposition

Petition disposed of with directions.

Orders

  • Direction to Ministry of Women and Child Development and State Governments to fill all positions in NCPCR and SCPCRs promptly.
  • State Child Protection Societies and District Child Protection Units to effectively implement JJ Act with support from NGOs/civil society.