Amicus curiae flays Juvenile Justice Boards’ functioning

“The state governments have not been able to efficiently implement the said provisions as most of the magistrates who are the Principal Magistrate of the Board do not have such training and orientation,” reads the report by the amicus curiae.

Further,the Act states that the state governments shall provide for short term training in child psychology or child welfare. Referring to the written replies filed by Punjab and Haryana,Gurminder has submitted that “there is no special programme with the course content specially created for this need.”

He has further stated that the Board is required to hold sittings in the premises of an Observation Home or at a place in proximity thereof. The Board,under no circumstances,shall operate from within any court premises.

“The premises where the Board meets is required to be child friendly and it is mandatory that it shall meet on all working days with every member attending five hours per sitting. However,in almost all cases,the sittings of the Board are being conducted in court premises thereby denying a child friendly atmosphere. The sittings are also not been held on all working days but on 3 to 4 days a week for a limited time,” the report states.

The process,stipulated under the Act,that the family members of a juvenile are to be informed immediately after he is taken into custody is not being followed in Punjab and Haryana.

“This process is not being followed in a majority of cases,resulting in the Board not being aware of the social background and circumstances of the juvenile,” the report states.

Gurminder has highlighted that contrary to the Act the Police forces are registering FIRs in “each and every offence.”

Also,the amicus curiae has stated that while the Act states that cases should be disposed of within four to six months,cases pertaining to juveniles are continuing for years. He has submitted that “there is a dire need for increase in the number of observation homes.”

Taking the report on record,the High Court has asked Punjab and Haryana to file their respective replies.