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Sampurna Behura v. Union Of India And Others
Factual and Procedural Background
The writ petition, filed under Article 32 of the Constitution, concerns court-led monitoring of the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier orders compelled States and Union Territories to constitute Juvenile Justice Boards under Section 4 and Child Welfare Committees under Section 29. Complaints that many districts still lacked functional Boards or Committees prompted the Court’s 19 August 2011 direction to State Legal Services Authorities to coordinate with Child Welfare Departments. The present order shifts focus to compliance with Section 63 regarding creation of Special Juvenile Police Units and designation of trained Juvenile or Child Welfare Officers in every police station.
Legal Issues Presented
- Whether States and Union Territories are obliged to designate, train, and deploy at least one Juvenile or Child Welfare Officer in every police station as mandated by Section 63(2) of the Act.
- Whether States and Union Territories must establish a Special Juvenile Police Unit in every district and city pursuant to Section 63(3) of the Act.
- What supervisory and training framework should be instituted to ensure effective implementation of Section 63 across the country.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court notes that effective policing of juveniles requires compliance with Section 63, which expressly mandates:
- Special instruction and training for officers who handle juveniles (sub-section 1);
- Designation of at least one appropriately trained Juvenile or Child Welfare Officer in every police station (sub-section 2); and
- Creation of Special Juvenile Police Units comprising these officers in every district and city (sub-section 3).
Recognising gaps in implementation, the Court places responsibility on State/UT Home Departments and Directors General of Police to operationalise these statutory requirements. To make the directive practical, the Court:
- Assigns District Legal Services Authorities—guided by State Legal Services Authorities—to conduct training and orientation programmes, with overarching guidelines to be issued by the Secretary, National Legal Services Authority.
- Allows the training to occur in phases over six months to one year, accommodating logistical realities across jurisdictions.
- Sets a monitoring mechanism by directing States and UTs to file affidavits detailing compliance steps.
Holding and Implications
ORDER ISSUED: States and Union Territories must (a) designate and train a Juvenile or Child Welfare Officer in every police station, (b) constitute a Special Juvenile Police Unit in every district and city, and (c) file compliance affidavits by the first week of January 2012.
Implications: The order reinforces statutory mandates under Section 63 and institutes a clear supervisory framework involving Legal Services Authorities. Immediate effects are administrative and operational; no new jurisprudential precedent is created beyond strengthening enforcement of existing statutory provisions.
Order
1. In this writ petition under Article 32 of the Constitution, the Court has been monitoring the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short “the Act”). The Court has already passed several orders for constitution of Juvenile Justice Boards under Section 4 of the Act and Child Welfare Committees under Section 29 of the Act in different States and Union Territories and most of the States and Union Territories have taken steps to constitute the Juvenile Justice Boards and the Child Welfare Committees. As there were complaints that in many districts Child Welfare Committees were not operational or functional and even Juvenile Justice Boards had not been constituted in the manner provided in the Act, in our order dated 19-8-2011 we have requested the State Legal Services Authorities to coordinate with the respective Child Welfare Departments of the States to ensure that the Juvenile Justice Boards and Child Welfare Committees are established and are functional with the required facilities.
2. We think that we must now monitor the implementation of the provisions of the Act relating to Special Juvenile Police Unit. Section 63 of the Act is quoted hereinbelow:
“63. Special juvenile police unit.—(1) In order to enable the police officers who frequently or exclusively deal with juveniles or are primarily engaged in the prevention of juvenile crime or handling of the juveniles or children under this Act to perform their functions more effectively, they shall be specially instructed and trained.
(2) In every police station at least one officer with aptitude and appropriate training and orientation may be designated as the ‘Juvenile or the Child Welfare Officer’ who will handle the juvenile or the child in coordination with the police.
(3) Special juvenile police unit, of which all police officers designated as above, to handle juveniles or children will be members, may be created in every district and city to coordinate and to upgrade the police treatment of the juveniles and the children.”
3. The Home Departments and the Directors General of Police of the States/Union Territories will ensure that at least one police officer with aptitude in every police station is given appropriate training and orientation and designated as Juvenile or Child Welfare Officer, who will handle the juveniles or children in coordination with the police as provided under sub-section (2) of Section 63 of the Act. The required training will be provided by the District Legal Services Authorities under the guidance of the State Legal Services Authorities and Secretary, National Legal Services Authority will issue appropriate guidelines to the State Legal Services Authorities for training and orientation of police officers, who are designated as the Juvenile or Child Welfare Officers. The training and orientation may be done in phases over a period of six months to one year in every State and Union Territory.
4. The Home Departments and the Directors General of Police of the States/Union Territories will also ensure that Special Juvenile Police Unit comprising of all police officers designated as Juvenile or Child Welfare Officers be created in every district and city to coordinate and to upgrade the police treatment to juveniles and the children as provided in sub-section (3) of Section 63 of the Act.
5. The matter be listed in the first week of January, 2012 when the State Governments and the Union Territories will file an affidavit stating steps taken by them pursuant to this order.
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