Friday, September 11, 2009
High Court directsto constitute special juvenile police units in Sikkim
GANGTOK, September 10: The High Court of Sikkim has directed the State Government to constitute special juvenile police unit in all the police stations in Sikkim within the period of four months and also to take necessary steps for proper and adequate implementation of all other relevant provision of the Juvenile Justice (care and protection) Act 2006 without further delay.
The judgment copy also dictates to provide juvenile and children in the state of Sikkim proper care and protection by catering to their development needs and by adopting a child friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation as envisaged in the preamble of the act itself.
This landmark judgment came in the public interest litigation filed by Sonam Palden, an advocate at Sikkim High Court in the year 2007.
The petition has been filed to implement the juvenile justice care and protection of children Act 2006 and also to comply the guideline of the Supreme Court given in the case of Sheela Barsey vs. Union of India.
The petitioner also mentions to constitute a proper Juvenile Justice Board with full time Magistrate and two social workers one of whom at least a woman who have an experience in working with the children.
JB Pradhan, the Additional Advocate General representing the State Government has submitted that the state lacks sufficient cases of Juvenile in comparison to other states of India and that working in the four districts with the full time Magistrate would not be justified. “As and when the work load would increase the appointment of full time Magistrate with the regular working days will be considered,” he said.
Dr. Doma T. Bhutia, an advocate for the petitioner while speaking to media said, this is one of the landmark judgments passed by the High Court of Sikkim in the interest of children and the judgment is welcomed by all the Human Rights lawyers across the country. She added that the judgment has been referring as a precedent in the other states.
“If all the provisions of Justice Juvenile Act are implemented in the State thoroughly, Sikkim will be a frontal runner in this matter,” Dr. Bhutia said.