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Synopsis

The Delhi High Court has issued a directive to the Delhi government to expedite the selection process for various vacancies in Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs).

The court ordered that all formalities of the selection process must be completed by April 15, failing which the chief secretary will be summoned to explain the non-compliance.

A bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain issued the directive after being informed by the Delhi government counsel that applications received from candidates are pending before the Women and Child Development department for scrutiny and will require additional time.

The court initially set a deadline of March 31, 2024, for the completion of all formalities. However, upon the government counsel's request for a further 15 days, the bench extended the deadline to April 15.

"In view of the above, we, hereby, direct the Government of NCT of Delhi to complete all the formalities of the selection process in CWCs and JJBs on or before March 31, 2024, failing which, the chief secretary, Government of NCT of Delhi shall appear before the court on the next date of hearing to explain as to why the order passed by this court has not been complied with," a bench said.

The directions came in response to an application filed by Bachpan Bachao Andolan (BBA), an NGO, seeking a direction to the Delhi government to expeditiously fill vacant positions of chairpersons and members in the CWCs in the national capital within a fixed time period.

The application was filed in a pending suo motu petition initiated by the high court following the Supreme Court’s 2018 judgment highlighting deficiencies in the implementation of the Juvenile Justice Act, 2015. It highlighted the understaffing of CWCs and JJBs, which poses a significant hindrance to achieving justice and rehabilitation for vulnerable children in need of care and protection.

Senior Advocate HS Phoolka and Advocate Prabhsahay Kaur, representing BBA, emphasized that the absence of a full-fledged committee affects decision-making efficiency and undermines comprehensive care and protection mandated by the Juvenile Justice Act, 2015.

The circular issued by the Delhi government’s Women and Child Development department on November 28, 2023, revealed that several CWCs were operating with officio/acting chairpersons and had numerous vacant member positions due to the completion of their three-year tenure.

Amicus Curiae Anant Kumar Asthana concurred, stating that the position of juvenile justice boards is also the same as that of CWCs.

The high court has listed the matter for further hearing on April 25.

Case Title: Court on its own motion v. Govt. of NCT of Delhi & Ors.