HC sends notices to Andhra Pradesh, Telangana governments on Juvenile Justice Act

HYDERABAD: A division bench of the Hyderabad High Court has recently issued notices to both Andhra Pradesh and Telangana governments for filing counter affidavits explaining the steps taken by them for effective implementation of laws beneficial to voiceless children particularly the Juvenile Justice (Care and Protection of Children) Act. Further, it directed the governments to inform about the steps taken for establishment of “Child Friendly Courts” and “Vulnerable Witness Courts” in each district of their respective states.

The bench comprising Acting Chief Justice Ramesh Ranganathan and Justice K Vijaya Lakshmi was passing this order in a taken up PIL case which was based on a letter written by the Secretary General of Supreme Court of India on the above issue.

On February 9, the Apex Court while dealing with a petition filed by Sampurna Behura (she undertaken various studies on child rights and handled cases of child sexual abuse, street children and working children), felt that it was time for the State to proactively acknowledge that even children in the country have fundamental and human rights and they need to be enforced equally strongly. The Supreme Court directed the Centre and all the state governments to take steps ensuring that all positions in the NCPCR (National Commission for Protection of Child Rights) and SCPCR (State Commission for Protection of Child Rights) were filled up well in time and adequate staff was provided to these statutory bodies so that they could function effectively and meaningfully for the benefit of the children.

The Apex Court, in its order, observed that, “We need to have some compassion towards them - even juveniles in conflict with law, since they are entitled to the presumption of innocence - and establishing child friendly courts and vulnerable witness courts is perhaps one manner in which the justice delivery system can respond to ease their pain and suffering.”

“Another advantage of such child friendly courts and vulnerable witness courts is that they can be used for trials in which adult women are victims of sexual offences since they too are often traumatised by the not so friendly setting and environment in our courts.”

The High Court bench issued notices to AP and Telangana states chief secretaries, principal secretaries of home, women and child welfare, director generals of police, director generals (prisons) and member secretaries of the states legal services authority to respond to the taken up PIL case and posted the matter to March 20 for further hearing.