The High Court has granted eight weeks as “last opportunity” to the government to provide the required staff to all the Child Care Institutions in Jammu and Kashmir.
Observing that it was inclined to take a serious view of the non-compliance of its various directions, a division bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar however said the same would not achieve the intended purpose of ensuring the welfare of the children.
The court directed the secretary Social Welfare Department and Mission Director, ICPS to remain present before it on next date of hearing in case its directions were not complied with complied with within eight weeks.
“We, therefore, give a very last chance to the respondents to ensure that the directions made by us and the statutory mandate is forthwith complied with,” the bench said.
Expressing dismay over government’s tardy approach to provide staff to Child Care Homes, the court said: “We are not willing to simply go on adjourning this matter while the Child Care Institutions in the State are completely un-operational and unable to serve the purpose for which they have been created”.
Hearing a suo motto public interest litigation seeking implementation of J&K Juvenile Justice (Care and Protection of Children) Act, 2013, the bench said it was not possible for it to ignore the life of the children of the State who would be suffering.
Pointing out that the record of the case discloses an absolutely unacceptable state of affairs, the bench said several reports which have been placed before it by Justice (retd) Hasnain Masoodi, chairperson of the Selection-cum-Oversight Committee, (SCOC) has placed the deficiencies in Juvenile Justice Boards, Child Welfare Committees, DCPU and other institutions under the law.
“The compliance reports dated 14.02.2019 filed by State Mission Director and 15.02.2019 filed by Director General Social Welfare Department, Kashmir is taken on record. Perusal of the same would reveal that there is non-compliance of all the orders passed by us,” the bench said.
The court held that despite repeated requests from the chairperson of SCOC and the orders of the court, while posts are created, the authorities have not moved a single step towards filling up the vacancies. ” As a result, the institutions under the Juvenile Justice Act would be unable to discharge the statutory mandate. It needs to be borne in mind that the Juvenile Justice enactment in fact only reiterates the Constitutional mandate regarding the care and protection of children,” it added.
The directions came after deputy advocate general Feroz Ahmad Sheikh handed over a copy of compliance report to the bench which ” he had received a day earlier from the government”.
Perusal of the report, the court said, would show that it encloses the letter which was sent six months ago on 20th August 2018 by the Director General of Social Welfare Department to the Secretary of the same department.
“We find from the order sheet that substantial indulgence has been shown to the respondents. Even our order dated 21st December 2018 has not been complied with and no status report regarding compliance of the directions has been filed,” the court said.
Following the submission by the state counsel that forty positions which are lying vacant in ICPS have been advertised, the court said: “Advertisement is merely commencement of a recruitment process. Such a situation, with no end in sight, cannot be countenanced”.
After it was informed that the Ministry of Women and Child Development of the Government of India has revised its scheme and is transferring funds for implementation of ICPS directly to the SCPS, the court said: “Let this aspect be examined by the State Government and a view taken so that there is no delay in transfer of funds”.
“In case, there is difficulty or delay in effecting the recruitment of staff by the State Government, the respondents may explore the possibility of delegating the same to the SCOS for selection of the positions and making recommendations to the State Government for consideration and appointment, especially of such positions as the District Child Protection Officer; Programme Officer; Probationary Officer; Welfare Officer,” court said.
Meanwhile the court directed all the District Development Commissioners to ensure cooperation with the SCOC and constituents under the Act in establishing VLCPCs and DLCPs to ensure implementation of the law at the gross root level.
The State Government, the court said, shall also examine the need of the State Commission for Protection of Child Rights.