Delhi HC issues various directions to streamline process of inquiries relating to juvenile in conflict with law

The Delhi High Court has issued various directions for streamlining the process of inquiries relating to minors in conflict with the law, and for scrupulous compliance by all concerned authorities.

A bench comprising of Justice Siddharth Mridul and Justice Anup Jairam Bhambhani issued directions for streamlining the process of inquiries relating to minors "including one that all persons, educational and medical institutions, governmental authorities shall give priority to those requests, made by an Investigating Officer for providing documentation towards age-determination or for conducting ossification test on a juvenile."

The directions include that in all cases pertaining to juveniles in conflict with the law, "regardless of the nature of offences alleged, upon directions issued by a Juvenile Justice Board (JJB) after production of a juvenile before it, the Investigating Officer of the case shall ensure that the ossification test in relation to the juvenile is completed, a report is obtained and filed before the JJB within 15 days from the date the ossification test is ordered."

The court said, "In all cases pertaining to juveniles in conflict with the law, regardless of the nature of offences alleged, the JJB shall ensure that the process of age-determination of the juvenile is completed within 15 days from the filing of documents relating to proof of age/ossification test report by the Investigating Officer, as the case may be."

The court also granted four weeks' time to the Delhi government for furnishing the information relating to inquiries for petty offences pending before all JJBs in Delhi between six months and one year, giving the number of such cases pending in each JJB in Delhi along with the date of institution of the inquiry and the date of the first production of the juvenile, if any, in each case and preferably also including the rehabilitation plan, individual care plan for each child and juvenile.

The court further directed that data for each JJB be presented in the same common format of the choosing of the state, so that the data is easily comprehensible and comparable as between various JJBs.

The court further directed Delhi government to apprise the court as to the quantum of money sanctioned and allocated for the Juvenile Justice Fund; and the quantum disbursed from the said fund, along with the purpose for which money was disbursed, as of November 30, 2021.

The court also directed the government to apprise the court as to the status of the proposal to increase the number of JJBs in the city, including the timelines proposed for the purpose.

The court listed the matter for further consideration on December 14.

The Delhi High Court was hearing a petition initiated by its own relating to juveniles.

The Delhi High court has earlier ordered the Juvenile Justice Board (JJB) to terminate all inquiries, alleging petty offences against juveniles, which are pending and remain inconclusive for longer than one year, with immediate effect.

In the course of proceedings in the matters, earlier Senior advocates HS Phoolka, Amicus Curiae, and Prabhsahay Kaur, counsel appearing on behalf of Bachpan Bachao Andolan' and advocate RHA Sikander, counsel appearing for the Delhi Commission for Protection of Child Rights ('DCPCR') had brought to the notice of the court several other issues which pertain to interpretation and effective implementation of some provisions of the Juvenile Justice (Care and Protection of Children) Act 2015, ('JJ Act').

Overlong pendency of a sizeable number of cases relating to 'petty offences' committed by juvenile delinquents, which are in fact required to 'stand terminated' as per section 14 of the JJ Act was one among others issues raised in the matter.

DCPCR had brought to the attention of the court that as of June 30, some 795 cases pertaining to petty offences committed by juveniles are pending before the six Juvenile Justice Board in Delhi for a period between six months and one year, and some 1108 such cases are pending for more than a year.

According to the DCPCR, some 1903 petty cases are pending which as per section 14 of the JJ Act should stand terminated.

( With inputs from ANI )

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