Rajasthan High Court directs state govt to conduct training of Principal Magistrates for sensitizing them with JJ Act

India Legal | July 15, 2021

A suo motu case has been filed based on a news report published in ‘Dainik Bhaskar’ relating to the miserable condition being faced by the oral and hearing disabled children housed in a school Hostel in Jodhpur.

The Rajasthan High Court has directed the state government to conduct training of Principal Magistrates in Juvenile Justice Boards for sensitising them with the Juvenile Justice Act, 2015.

The Division Bench comprising Justice Manoj Kumar Garg and Justice Sandeep Mehta passed these directions on July 13, during the hearing of a suo motu case based on a news report published in ‘Dainik Bhaskar’ relating to the miserable condition being faced by the oral and hearing disabled children housed in a school Hostel in Jodhpur.

Additional Advocate General (AAG) Pankaj Sharma placed on record a copy of the communication dated June 1, 2021 issued by the Mining Department, Government of Rajasthan, which indicated that as per Rule 15 of the District Mineral Foundation Trust Rules, 2016, the fund of District Mineral Foundation Trust and State Mineral Foundation Trust for upliftment of the Child Care Institutions (CCIs) can be used for the welfare of Women and Children.

Further, a copy of the order dated March 17, 2021 has been placed on record, as per which, appointments of Officers have been made on the vacant posts of Principal Magistrates, Juvenile Justice Board, in accordance with Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

In this background, the Court expected that the Department of Child Rights shall immediately move the concerned members, be it State or District Trust, for allocation of funds from the Mineral Trust Funds, so that the Child Care Institutions in the entire state can be upgraded.

The bench observed that the training of Principal Magistrates, Juvenile Justice Board has already been scheduled by the Rajasthan State Juvenile Academy in this week itself.

In light of above facts, the Court directed AAG Anil Gaur, representing the Child Rights Department, shall ensure that a training programme is organised within next 45 days for training and sensitisation with the Juvenile Justice (Care and Protection of Children Act), 2015.

“Child Right Activist Govind Beniwal pointed out that there is no regulatory body, which can monitor the functioning of Child Welfare Committees, thus appropriate directions are required to be issued in this regard for ensuring proper functioning of Child Welfare Committees across the State,” the order read.

The Court therefore also directed Govind Beniwal, to meet the Secretary, Child Rights Department in order to chalk out an action plan for effective monitoring of the functioning of Child Welfare Committees.

Matter will be next listed in the first week of September, 2021 for further hearing.