HC issues directions to ensure effective implementation of Juvenile Justice Act

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The Kerala High Court has issued directions to ensure the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and also the guidelines laid down by the Supreme Court in the Sampurana Behura v Union of India case.A Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued the directions while delivering the judgment in two connected cases – a suo motu petition, and a public interest petition filed by Bachpan Bachao Adolan, an NGO founded by Nobel Laureate Kailash Satyarthi and its programme director Sampurna Behura.The petitions sought enforcement of the Supreme Court’s directions issued in 2018, mandating States to strengthen child protection mechanisms. The Court examined the establishment and members of Kerala State Commission of Child Rights (KeSCPCR) and noted that a dearth in human resources can severely affect its operational efficiency.The directions issued by the court include that all vacancies in the Commission must be filled within four weeks, while the process to fill up future vacancies must be initiated at least four months prior to the occurrence of vacancy, to ensure effective functioning of the statutory body. Moreover, the annual report for 2024-25 under the Commissions for Protection of Child Rights Act, 2005 (CPCR Act) must be published within eight weeks.A comprehensive multi-stakeholder Standard Operating Procedure (SOP) or such guidelines must be prepared to inspect all Child Care Institutions (CCIs) every year, to create an effective monitoring mechanism. The remaining process of reconstitution of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) must be completed within eight weeks. In addition, a draft protocol for information and rehabilitation of the children must be prepared within three months.Likewise, data pertaining to Kerala regarding missing and rescued children must be made available on the National Mission Vatsalya Portal, within three months, while directions must be issued to constitute Special Juvenile Police Units (SJPUs) in the districts and cities in the areas where they have not been so constituted, within three months, under the charge of the Officers not below the rank of Deputy Superintendent of Police. Steps must also be taken to 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 four months. Social audits must be conducted every year, and a report ought to be submitted by the end of June. The Court also directed that the Principal Secretary, Women and Child Development Department should oversee compliance, aided by all relevant departments.Published - November 06, 2025 08:57 pm IST