The Allahabad high court has directed the Uttar Pradesh government to take steps for constitution of Juvenile Justice Board (JJB) in each district of the state, expeditiously.
The court asked the government to ensure that the board is constituted in every district of the state to take appropriate measures including those related to children accused of violating any penal laws.
Besides, the court also directed the state government to ensure that in future, steps for filling vacancies in the JJB are taken at least six months prior to the date of the post getting vacant.
Disposing of a writ petition, filed by one Ishwari Prasad Tiwari, justice Shashi Kant Gupta and justice Pankaj Bhatia observed, “This court once again reiterates that non-function of the board is clearly against the mandate of Article 15(3) of the Constitution, which provides that state shall make special provisions for women and children.”
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In the present case, the petitioner has alleged that despite the directions of the court and the statement given before this court, the constitution of the Juvenile Justice Board has not taken place in the state.
The court further observed, “Children are the backbone of the country and Article 15(3) mandates the state to take special measures to protect the rights of the children.”
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Section 4 of the Juvenile Justice Act provides for a JJB in every district. The said board comprises a metropolitan magistrate or a judicial magistrate of the first class and two social workers, at least one of whom shall be a woman.
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