Bombay High Court Expresses Concern Over High Pendency of Juvenile Justice Cases

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Synopsis

With over 10,000 cases pending before the Juvenile Justice Board and more than 30,000 cases pending before the Child Welfare Committee, the court expressed concern that this backlog nullifies the intent of the JJ Act.

In a recent hearing, the Bombay High Court has raised concerns over the staggering number of pending cases, exceeding 40,000, under the Juvenile Justice (Care and Protection of Children) Act (JJ Act). The court observed that such a high backlog undermines the spirit of the JJ Act, which mandates inquiries to be completed within four months.

A division bench comprising Justice Nitin Jamdar and Justice Manjusha Deshpande made these observations while addressing a public interest litigation (PIL) filed by child rights organization Bachpan Bachao Andolan.

The organization had urged the court to direct the Maharashtra government to implement Supreme Court guidelines related to the JJ Act and its provisions.

Court placed emphasis on Section 14(2) of the JJ Act, which stipulates that inquiries by the Juvenile Justice Board should be completed within four months from the date of the child's first production before the Board. With over 10,000 cases pending before the Juvenile Justice Board and more than 30,000 cases pending before the Child Welfare Committee, the court expressed concern that this backlog nullifies the intent of the JJ Act.

To address this issue, court has directed the State Women and Children Department to collect data on case disposals within the last three years and provide details on pending cases. The Juvenile Justice Boards and Child Welfare Committees are also required to explain the reasons for the backlog and any difficulties faced in the prompt disposal of cases. The collected data will be analyzed and presented to the court through an affidavit.

Additionally, the court has sought information on a software initiative developed to compile a database on missing children, trafficked children, and follow-up reports in adoption cases. The status of this initiative and its effectiveness in achieving the objectives of the JJ Act will be reviewed.

The State and District Legal Services Authorities have been directed to inform the court about their plans to assist in resolving the issue of high pendency of JJ Act cases. The court's proactive approach aims to address systemic challenges and streamline the implementation of the Juvenile Justice Act in Maharashtra.

Case Title: Bachpan Bachao Andolan & Anr. vs. The State of Maharashtra & Ors.