Kerala High Court issues 15 key directions to strengthen Juvenile Justice system, protect rights of children

The Kerala High Court recently issued a slew of directions to the State government for improving and strengthening the Juvenile Justice system in the State and protecting and augmenting rights of juveniles in conflict with law [Suo Motu v The Government of Kerala & ors and connected case]

The Division Bench Chief Justice Nitin Jamdar and Justice Basant Balaji noted that despite the country having progressive child protection laws, there were gaps in the effective implementation of such laws in the State's existing system which was marred by lapses, including staff shortage, delays in rehabilitation services and lack of data management.

This left the children vulnerable to neglect and exploitation.

Thus, the Court stressed that the State must address the gaps in protecting 'children in conflict with the law' and those in need of care and rehabilitation by ensuring that all child protection bodies function effectively and are properly staffed.

The directives issued by the Court addressed the shortcomings while also setting deadlines for the government to improve coordination, monitoring, and accountability across all agencies working under the Juvenile Justice framework.

The key directions are as follows:

1. Fill vacancies in the Kerala State Commission for Protection of Child Rights (KeSCPCR) within four weeks.

2. Start the recruitment process at least four months before any upcoming vacancy to avoid administrative gaps

3. Annual report for the period of 2024–25 as per the Commissions for Protection of Child Rights Act, 2005 (CPCR Act) must be completed and published within eight weeks.

4. Future annual reports must be filed by the end of June every year and guidelines for implementing a framework regarding the publishing of annual reports must be done within four weeks.

5. Create a Multi-Stakeholder Standard Operating Procedure (SOP) for conducting inspections of all Child Care Institutions (CCIs) every year and to complete pending inspections for this year within three months.

6. Complete the reconstitution of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) within eight weeks.

7. CWCs must meet at least 21 days a month as required under the Juvenile Justice (Care and Protection of Children) Act, 2015.

8. Vacancies in JJBs and CWCs must be initiated at least 4 months before terms end

9. Recruitment for Probation Officers and other key posts must also start at least four months prior to vacancies arising.

10. A draft protocol for information and rehabilitation of the children should be developed within three months.

11. The data on missing and rescued children from the state must be uploaded to the National Mission Vatsalya portal within three months.

12. Issue directions to set up Special Juvenile Police Units (SJPUs) in all districts under the charge of officers not below the rank of Deputy Superintendent of Police, within three months.

13. Designate at least one Child Welfare Officer (CWO), not below the rank of Assistant Sub-Inspector, in every police station within four months and update and implement a training module for the officers.

14. State Juvenile Justice Model Rules, 2016 should be finalised and notified within three months.

15. Annual social audits should be conducted for all Child Care Institutions within six months and such audits must be conducted every year with reports to be submitted every June.

The Court further directed that the Principal Secretary of the Women and Child Welfare Department, to coordinate and monitor the implementation of these directions, with assistance from all concerned departments and agencies.

The Court passed the order while disposing of two writ petitions, one taken up suo motu following the Supreme Court's 2018 judgment in Sampurna Behura v Union of India and another filed by the child rights NGO Bachpan Bachao Andolan and its program director Sampurna Behura.

The petitions sought the effective implementation of the juvenile justice framework in Kerala in line with the Supreme Court's directions.

Senior counsel Santhosh Mathew assisted by advocate Arun Thomas appeared for Kerala State Legal Services Authority.

State was represented by special government pleader V Manu.

Advocates Deepu Thankan, Ummul Fida and Lakshmi Sreedhar represented Bachpan Bachao Andolan.

[Read Judgment]