GANGTOK, 19 Sept: The division bench of Sikkim High Court has directed the Chief Judicial Magistrate, East and North at Gangtok, to inspect the Observation Home established in Gangtok for the standard of hygiene and other facilities as per the Juvenile Justice Rules, 2007.
The High Court directives came in response to a PIL filed by Rachhitta Rai seeking for High Court intervention in implementation of the Juvenile Justice Act throughout the State and setting up of various Special Juvenile Police Units in all the Police stations and Child Protection Units at the district level.
In its directions to the Chief Judicial Magistrate, East and North at Gangtok, the division bench asked them to inspect the Observation Home, availability of space keeping in mind the JJ Rules 2007, to check the quality of food, availability of medical facilities for juveniles in Observation Home and other aspects related to juvenile cases like how many Social Investigation Reports [SIR] are submitted in the Juvenile Justice Board.
The High Court further directed the Chief Judicial Magistrate to also inquire as to whether observation and shelter homes have been set up in the other districts in the State as required under the Act. The bench has also directed the Chief Judicial Magistrate to submit his report before the next hearing.
The High Court has also directed the state government to ensure that the officers appointed under Juvenile Justice (Care and Protection of Children) Act, 2000 are among those who have undergone training held by the Sikkim Legal Services Authority. If anyone of them has not undergone such training, the respondent State shall make a request to the Sikkim Legal Services Authority which shall ensure that such training is imparted to them.
Earlier in May, Ms. Rai in her PIL had said that as per the mandate of the Juvenile Justice (Care and Protection of Children) Act, every police station is required to have Special Juvenile Police Unit and Child Protection Unit at the district level, however, in contradiction to the Act, Sikkim does not have Special Juvenile Police Unit and Child Protection Unit at the districts.
The Act prescribes that there should be a Child Welfare Officer to investigate and submit the report to the Juveniles Justice Board and Children in need of care and protection should be provided proper care, protection and treatment by catering to their special needs for the best interest of children.
The High Court directives came in response to a PIL filed by Rachhitta Rai seeking for High Court intervention in implementation of the Juvenile Justice Act throughout the State and setting up of various Special Juvenile Police Units in all the Police stations and Child Protection Units at the district level.
In its directions to the Chief Judicial Magistrate, East and North at Gangtok, the division bench asked them to inspect the Observation Home, availability of space keeping in mind the JJ Rules 2007, to check the quality of food, availability of medical facilities for juveniles in Observation Home and other aspects related to juvenile cases like how many Social Investigation Reports [SIR] are submitted in the Juvenile Justice Board.
The High Court further directed the Chief Judicial Magistrate to also inquire as to whether observation and shelter homes have been set up in the other districts in the State as required under the Act. The bench has also directed the Chief Judicial Magistrate to submit his report before the next hearing.
The High Court has also directed the state government to ensure that the officers appointed under Juvenile Justice (Care and Protection of Children) Act, 2000 are among those who have undergone training held by the Sikkim Legal Services Authority. If anyone of them has not undergone such training, the respondent State shall make a request to the Sikkim Legal Services Authority which shall ensure that such training is imparted to them.
Earlier in May, Ms. Rai in her PIL had said that as per the mandate of the Juvenile Justice (Care and Protection of Children) Act, every police station is required to have Special Juvenile Police Unit and Child Protection Unit at the district level, however, in contradiction to the Act, Sikkim does not have Special Juvenile Police Unit and Child Protection Unit at the districts.
The Act prescribes that there should be a Child Welfare Officer to investigate and submit the report to the Juveniles Justice Board and Children in need of care and protection should be provided proper care, protection and treatment by catering to their special needs for the best interest of children.
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