INTRODUCTION
Recently, the Delhi High Court has expressed its discontentment on account of the Agent/Staff vacancies in Special Juvenile Police Units (SJPUs) and theGovt. Specifically in relation to the response of its administration toward the opening number of vacancies in the functional posts). The significance of court intervention to highlight the demand for a specialized manpower to deal with issue of such paedophilic “offenders” has also been put forth in the Juvenile Justice (Care and Protection of Children) Act (2015). The situation has sparked a controversy that has raised a question about the efficiency of the youth criminal justice system and the additional role of police services in offering protective and restorative care to children.
BACKGROUND
The Juvenile Justice Act, 2015, prescribes the deployment of Special Juvenile Police Units (SJPUs) in each district for dealing with children in conflict with the law sensitively and delicately. They are also given the duty of ensuring that such children are treated justly and in conformity with juvenile justice guidelines. SJPUs are further assigned the work of preventing juveniles from engaging in criminal behavior and rehabilitating the affected child. But constant vacancies in such units have raised eyebrows regarding the non-implementation of law, which may result in delayed justice and insufficient protection for vulnerable children.
In earlier reports, legal activists and lawyers have identified the negative effect of short-staffed SJPUs, resulting in mishandling of juvenile cases and a failure to offer necessary counseling and rehabilitation services. Lack of trained personnel in these units not only contributes to the problems of law enforcement but also sparks serious concerns over the safety and welfare of children entangled in the legal process.
KEY POINTS
Judicial Monitoring: Delhi high court has directed the government to submit a compliance report on the vacancies of SJPUs and what is done for their filling up.
Statutory Clause: As per Juvenile Justice Act, 2015, there should be one child welfare officer in each police station and an independent SJPU in each district.
Consequence of Vacancies: Since it is not possible to see to the entirety of the premises by a sufficient number of staff, usual care for paediatric needs must be deferred, which then leads to further delay in investigations, inadequate rehabilitation and may even result in human rights abuse.
Concerns of child rights people: Child rights groups have stated concern about limited number of trained manpower which may pose the risk of juveniles being treated as ordinary criminals instead of being children requiring counselling and reintegration.
RECENT DEVELOPMENT
The Delhi High Court was critical of the sluggish pace of work by the government in filling such vacancies and instructed the government to come up with a detailed blueprint for hiring people and ensuring effective working of SJPUs at the earliest. The court also asked law-enforcement agencies to concentrate on capacity-building among in-service officers on how to treat juvenile cases in a sensitive manner with awareness regarding child rights.
CONCLUSION
The intervention of the Delhi High Court highlights the imperative need for an efficient Special Juvenile Police Units to ensure the protection of the rights of children in conflict with the law. Filling the gaps within such units is necessary to secure juvenile cases being disposed of in a way proportionate to the ideals of protection and rehabilitation of children. The government must move quickly to fill these loopholes and strengthen the juvenile justice system to prevent further deterioration in child welfare and efforts in law and order.
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WRITTEN BY SUBRAT ASHISH KHARE