Disposed

Voluntry Health Association of Pb. v. Union of India and Ors.

Punjab & Haryana HC13 Jul 2012CWP/15317/2007

Case brief

AI extract

What is this about?

The Court addressed a PIL regarding delays in juvenile cases and poor conditions in homes. It confined the litigation to three specific issues concerning case disposal timelines, home activation, and Board constitution, issuing directions for disposal within four months and regular inspections.

What did the court decide?

Directions to dispose cases within four months; Legal Services Authorities to visit homes twice monthly; Boards to be constituted within three weeks.

Voluntry Health Association of Pb… — Child Custody and Guardianship | Punjab & Haryana HC (2012)

¶1

In the High Court of Punjab and Haryana, at Chandigarh

¶2

Civil Writ Petition No. 15317 of 2007

¶3

Date of Decision: 13.7.2012

¶4

Voluntary Health Association of Punjab

¶5

... Petitioner

¶6

Versus

¶7

Union of India and Others

¶8

... Respondents

¶9

CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Rakesh Kumar Jain.

¶10

Present: Mr. Gurminder Singh, Amicus Curiae for the petitioner.

¶11

Mr. O.S. Batalvi, Senior Standing Counsel for Union of India-respondent No.1.

¶12

Mr. Alok Jain, Additional Advocate General, Punjab, for respondent No.2.

¶13

Mr. Vinod S. Bhardwaj, Additional Advocate General, Haryana, for respondent No.3.

¶14

Mr. Ashish Rawal, Advocate for Mr. Sanjay Kaushal, Advocate for respondent No.4.

¶15

Mr. B.S. Walia, Advocate for respondent No.5.

¶16

Jasbir Singh, Acting Chief Justice (Oral)

¶17

Reply filed in Court on behalf of respondent No.3-State of Haryana is taken on record.

¶18

This writ petition has been filed in public interest drawing the attention of the Court to the delay being caused in disposal of the cases wherein children in conflict with law are arrayed as accused and further

¶19

Civil Writ Petition No. 15317 of 2007

¶20

¶21

bad conditions of the Juvenile Homes etc. were also brought to the notice of this Court.

¶22

Notice of motion was issued on 1.10.2007. Thereafter, many orders were passed directing the States to take remedial steps to improve in such homes and the respondents were also directed to constitute the Juvenile Justice Boards (hereinafter referred to as “the Boards”) as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as “the Act”). Many steps were also suggested to upgrade the living conditions in the Juvenile Homes, as is evident from the order passed on 21.3.2012, which reads as under:-

¶23

“Having perused the various orders passed by this Court from time to time in this Public Interest Litigation, we are of the considered view that the following issues arise for determination by this Court:-

¶24

1. Whether under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and in view of the decision of the Apex Court in Sheela Barase (II) and others vs. UOI and others, AIR 1986 SC 1773, inquiries/cases which are pending before the Juvenile Justice Boards for more than the stipulated period of 4 months would, by implication of law, stand closed?

¶25

2. The steps that are required to be taken to activate the children homes, juvenile homes, observation

¶26

Civil Writ Petition No. 15317 of 2007

¶27

¶28

homes, etc. and how best to make the required amenities and facilities available to the juveniles who are sent to such homes.

¶29

3. The constitution/composition and functioning of the Juvenile Justice Boards in the States of Punjab and Haryana and Union Territory of Chandigarh.

¶30

It is our considered view that if the aforesaid three issues are to be addressed by the Court, the issues arising in the writ petition as well as the issues emanating from the various orders passed by this Court from time to time would stand adequately answered. We, therefore, make it clear that we propose to confine the scope of this Public Interest Litigation to the aforesaid three issues and no further.”

¶31

In response to the aforesaid order, affidavits have been filed by the States of Punjab and Haryana, respectively, wherein it is stated that constitution of the Boards in most of the districts is complete and wherever members are needed to be appointed the appointment shall be made with promptitude. It is also brought to the notice of the Court that efforts have been made to upgrade the living conditions in the Juvenile Homes and further that attempt shall made to see that the cases of juveniles are disposed of expeditiously as per provisions of the Act.

¶32

In the circumstances, we dispose of this writ petition by issuing directions to all the Presiding Officers of the Boards in both the States of Punjab and Haryana and Union Territory of Chandigarh to make an

¶33

Civil Writ Petition No. 15317 of 2007

¶34

¶35

endeavour to dispose of the cases involving the children in conflict with law within four months as per the provisions of Section 14 of the Act. We further direct Secretaries of the Legal Services Authorities in the States of Punjab and Haryana and Union Territory of Chandigarh to ensure that either they or their representatives shall visit the Juvenile/Observation Homes twice a month. If any deficiency is found, the same shall be brought to the notice of the concerned District Magistrate/competent authority which shall be remedied within a week thereafter. Both the States of Punjab and Haryana and Union Territory of Chandigarh are also directed to complete the constitution of the Boards where the same have still not been constituted within three weeks from today. In case action is not taken by the Secretaries or the representative of the three Legal Services Authorities, the matter be brought to the notice of Executive Chairman of the respective Legal Services Authority who shall take steps to ensure proper living conditions in the Juvenile/Observation Homes.

¶36

(Jasbir Singh) Acting Chief Justice

¶37

(Rakesh Kumar Jain) Judge

¶38

July 13, 2012 “DK”

Voluntry Health Association of Pb. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Voluntry Health Association of Pb. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amar Nath Vs Union of India & Ors.

Kuljit Singh Nagra Vs State of Punjab Andors.

Ravinderpal Singh Chadha Vs State of Punjab and Ors.

Welfare Association U.E. SECTOR-12 Sonepat Vs State of Haryana and Ors.

Anshul Joy Vs State of Haryana and Ors.

Suresh Kumar and Others Vs State of Haryana and Others