Fill Up Existing Vacancies In KeSCPCR Within 4 Weeks: Kerala High Court Issues Directions To Improve Juvenile Justice System
The Kerala High Court said that India has a wide range of laws to protect children, however, the challenge lies in implementing the same.
Chief Justice Nitin Jamdar, Justice Basant Balaji, Kerala High Court
The Kerala High Court has issued certain directions to the State authorities to improve the Juvenile Justice system and its implementation in the State.
The Court was hearing Writ Petitions out of which one was suo motu and another was filed by Bachpan Bachao Andolan, a Non-Governmental Organization (NGO) founded by the Nobel Peace Laureate Kailash Satyarthi.
A Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji observed, “… millions of children are prone to violence, abuse, and exploitation. Violence takes place in all settings: at home, school, childcare institutions, work and in the community. Often violence is perpetrated by someone known to the child. As per the National Crime Records Bureau, last year, minors in the country committed a total of 30,555 crimes; Delhi is sixth on the list, with over 2,340 cases involving minors. In 2020, the cases registered against minors exceeded 2,643. This urges a call to the systems all over there for a strict implementation of laws prevailing in this regard.”
The Bench said that India has a wide range of laws to protect children and child protection is accepted as a core component of social development, however, the challenge lies in implementing the laws due to inadequate human resource capacity and quality prevention and rehabilitation services.
Advocate Deepu Thankan represented the Petitioners, while Senior Advocate Santhosh Mathew represented the Respondents.
Background
The first Petitioner-NGO has been working towards the eradication of anti-trafficking and anti-slavery with a vision to protect and prevent children from all forms of exploitation. The second Petitioner namely Sampurna Behura, was a human rights activist and the sole Petitioner before the Supreme Court in the case of Sampurna Behura v. Union of India (2018), wherein certain general directions to the Centre and all State Governments were issued for the proper implementation and functioning of the Juvenile Justice System in India.
The Petition before the Supreme Court had specifically alleged the failure of State Governments in India to implement the key provisions of the erstwhile and existing Acts, along with several other issues concerning children's rights. Hence, the Writ Petition was filed before the High Court, seeking directions to the Respondents representing the Kerala State, to comply with the Order and direction of the Apex Court in the said case and for other reliefs for the effective implementation of the Juvenile Justice System in India.
Court’s Observations
The High Court in view of the above background of the case, noted, “The improper functioning of the Juvenile Justice System and the plight of children in the country prompted the 2nd Petitioner to file W.P. (C) No. 473 of 2005 before the Hon'ble Supreme Court. The petition specifically alleged the failure of State Governments in India to implement the key provisions of the erstwhile and existing Acts, along with several other issues concerning children's rights. Even prior to the filing of Sampurna Behura petition, there have been concerns about the lack of implementation of juvenile justice laws. Despite these interventions and emerging concerns, the reality of children remained stagnant.”
The Court said that the Kerala State Legal Services Authority (KeLSA), along with its District Legal Services Authorities (DLSAs), acts as a pivotal pillar in the juvenile justice system by fulfilling the statutory mandate of the Juvenile Justice Act, 2015, and the Legal Services Authorities Act, 1987.
The Court also quoted Justice V.R. Krishna Iyer, “The hallmark of culture and advance of civilization consists in the fulfilment of our obligation to the young generation by opening all opportunities for every child to develop its personality and rise to its full stature, physical, mental, moral, and spiritual. It is the birth right of every child that cries for justice from the world.”
Conclusion and Directions
The Court, therefore, issued the following directions to the Respondents (State Authorities) –
(i) Endeavour shall be made for filling up the existing vacancies in the Kerala State Commission for Protection of Child Rights (KeSCPCR), within a period of 4 weeks.
(ii) The process for filling upcoming vacancies in the State Commission shall be initiated at least 4 months prior to their occurrence, to ensure continuity and effective functioning of concerned statutory bodies. While filling the aforementioned vacancies within the State Commission, all efforts must be made to strictly comply with the provisions of Section 17 of Commissions for Protection of Child Rights (CPCR) Act, 2005, ensuring that all appointees possess the requisite qualifications as prescribed in the statute.
(iii) The remaining process of the annual report for the period of 2024-2025, as mandated under the Commissions for Protection of Child Rights Act, 2005 (CPCR Act), shall be completed and published within a period of 8 weeks.
(iv) The annual reports in the future shall be prepared and published in timely manner by end of June every year, and special report at any time on any matter which, in its opinion, is of such urgency or importance. Issue necessary guidelines to the concerned departments and agencies to implement a framework regarding the publishing of annual reports, within a period of 4 weeks.
(v) Comprehensive Multi-Stakeholder Standard Operating Procedure (SOP) or such guidelines shall be prepared for conducting inspections of all Child Care Institutions (CCIs) every year to create effective monitoring mechanism. The remaining inspections of CCIs out of the total, shall also be completed, within a period of 3 months.
(vi) The remaining process of reconstitution of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) shall be completed, within a period of 8 weeks.
(vii) CWCs shall meet at least 21 days a month, as mandated under Section 28 of the Act of 2015.
(viii) The process of filling up anticipated vacancies in JJBs and CWCs shall be initiated at least 4 months in advance to ensure that the posts do not remain vacant. Necessary instructions be also issued to implement a framework to fill up vacancies in time, within a period of 4 weeks.
(ix) Similarly, the process of filling up anticipated vacancies in the posts of Probationary Officers (POs) shall be commenced at least 4 months in advance to curb the issue of non-functioning of the system due to non-availability of the staff. Necessary instructions be also issued to implement a framework to fill up vacancies in time, within a period of 4 weeks.
(x) A draft protocol for information and rehabilitation of the children shall be prepared within a period of 3 months, and finalise the same at the earliest.
(xi) Data pertaining to the State of Kerala regarding the missing and rescued children identified in the State, shall be made available on the National Mission Vatsalya Portal, within a period of 3 months.
(xii) Ensure that necessary directions are issued to constitute the Special Juvenile Police Units (SJPUs) in the districts and cities in the areas where they have not been so constituted, within a period of 3 months, under the charge of the Officers not below the rank of Deputy Superintendent of Police. The State shall also review the existing SJPUs, and if the officers above are not part of the said units as envisaged under Section 107 of the Act of 2015 read with Rule 86 of State Juvenile Justice (Care and Protection) Model Rules, 2016 (Model Rules, 2016), necessary directions be issued to reconstitute the said units, within a period of 3 months.
(xiii) Ensure that in every police station, at least one officer not below the rank of Assistant Sub – Inspector is designated as the Child Welfare Officer (CWO), within a period of 4 months. Necessary instructions shall be issued within a period of 4 weeks to ensure that all Police Officers take the periodical review of progress and training imparted to them. Revise the training module in timely manner and impart training on the revised module for enhancing the child rights and protection framework in the State of Kerala, at the earliest.
(xiv) Finalise the Model Rules, 2016, and notify within a period of 3 months.
(xv) Realising the importance of social audits in the realm of Juvenile Justice System of the State, it is vital to conduct Social Audits of every institution as provided under the Act of 2015, within a period of 6 months. A Social Audit be conducted every year, and a report thereof shall be submitted by the end of June of the year in which the audit is carried out.
(xvi) The timeline will come into force from the date the Order is uploaded on the server.
The Court concluded that the responsibility of coordinating the implementation of the above directions shall be on the Principal Secretary, Women and Child Welfare Department, State of Kerala and all concerned agencies and departments shall aid and assist the Secretary in that regard.
Accordingly, the High Court disposed of the Writ Petitions and issued necessary directions.
Cause Title- Suo Motu v. The Government of Kerala & Ors. (Neutral Citation: 2025:KER:83043)
Appearance:
Petitioners: Advocates Deepu Thankan, Ummul Fida, and Lakshmi Sreedhar.
Respondents: Senior Advocate Santhosh Mathew, Spl. GP. V. Manu, Advocates Aparna S., Thoufeek Ahamed, Arun Thomas, Jennis Stephen, Vijay V. Paul, Karthika Maria, and Anil Sebastian Pulickel.
