On 9 February, the Supreme Court took the extant government to task for the "tardy if not virtual non-implementation" of juvenile justice laws, and ignoring the plight of "voiceless if not silenced" children of India, after a public interest litigation (PIL) was initiated by activist and human rights defender, Sampurna Behura. The apex court also requested chief justices of all high courts to establish child-friendly courts and vulnerable courts in each district.
The Supreme Court Bench, comprising Justices Madan B Lokur and Deepak Gupta, spoke about the lackadaisical attitude of the government and authorities towards children – there is pendency of cases of abandoned, orphaned and surrendered children; the conditions of children in shelter and observation homes are abysmal; there is an increased number of vacancies in juvenile justice institutions; and there is an absolute lack of initiative by legal service bodies to act, despite the passing of an amendment to the Juvenile Justice (Care and Protection of Children) Act, 2000 in 2015.
Supreme Court. Juvenile Justice. Representational image. APRepresentational image. AP
There were several chief justices' conferences held in 2006, 2009, 2013, 2015 and 2016 about the need to ensure the adequate and effective implementation of the Juvenile Justice Act. As a part of the resolutions passed in these conferences, the Supreme Court noted that every high court has a constituted Juvenile Justice Committee that is headed by a judge to take stock and address issues that concern children. Besides this, the Chief Justice of India also set up a Committee to address issues of implementation of child welfare laws.
Acknowledging that the Bench might be criticised for excessive judicial activism, it stated that the government has done very little for implementation of the Act in its true spirit: "Over the last decade or so, state governments and Union Territories have not fully complied with the provisions of a law solemnly enacted by Parliament for the benefit of children. In many instances, only cosmetic changes have been introduced at the ground level with the result that voiceless children continue to be subjects of official apathy."