Delhi HC seek LG and Police replies on Juvenile Justice Compliance PIL

New Delhi [India], February 20 (ANI): The Delhi High Court has sought responses from the Lieutenant Governor and the Delhi Police regarding a public interest litigation (PIL). The PIL aims to ensure that every Special Juvenile Police Unit in each district of Delhi includes all the members mandated by the Juvenile Justice (Care and Protection of Children) Act, 2015.

Additionally, it seeks direction to the Delhi Police to provide an updated status report on the composition of these units in each district following the filling of vacant positions.

The bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela has scheduled the hearing for April 30, 2025.

The petition, filed by Alpha Phiris Dayal through advocate Robin Raju, claims that in many districts of Delhi, the Special Juvenile Police Units (SJPUs), which are required to be constituted as per the Juvenile Justice Act, 2015, are not operating in accordance with the guidelines stipulated under Section 107 of the Act.

The plea states that the Supreme Court and this Court have, through various rulings over the years, emphasised the need to prioritize the concerns of vulnerable sections of society, particularly children.

It highlights that acts such as the Juvenile Justice Act (enacted in 2000), the Protection of Children from Sexual Offences Act (2012), and the amendments to the Child Labour Act (2016) were responses to the increasing incidents of child abuse since the 1990s. The Juvenile Justice Act was amended in 2015, and the Model Rules under the JJ Act came into effect in 2016. The JJ Act underscores the importance of protecting and caring for children.

This primary objective led the State Government to establish a Child Protection Society at the state level and a Child Protection Unit in each district under Section 106. Section 107 pertains to appointing Child Welfare Police Officers and constituting Special Juvenile Police Units.

The plea stated that in many districts of Delhi, the Special Juvenile Police Units (SJPUs) do not consist of all the members specified under the Juvenile Justice Act, 2015. The Petitioner filed a Right to Information (RTI) application seeking a response from the Delhi Police. Responses received from two districts indicate that their SJPUs are not functioning fully and effectively as per the provisions of the JJ Act.

The SJPUs have a critical role in addressing matters related to children, ensuring the effective implementation of the JJ Act, which includes establishing and maintaining institutions under the Act, notifying competent authorities in relation to children’s welfare, rehabilitating children, coordinating with various official and non-official agencies, and performing other prescribed functions.

The importance of SJPUs is particularly evident given the rise in crimes against minors and a study by the Police revealing an increase in the participation of minors in crimes in Delhi.

The Petitioner submitted an RTI application on November 7, 2024, seeking responses from the Delhi Police Headquarters. Responses received from different districts revealed gaps in the functioning of SJPUs. The PIO of South District responded that no specific police personnel were working at SJPU in South District, and there were no social workers posted or working there. Similarly, the PIO of New Delhi District revealed the absence of social workers in their SJPU, and the PIO of North-East District noted that the welfare officer previously posted by CWC/DCPU and DLSA in SJPU/North-East Delhi had been transferred in February 2023, plea stated.