Source: Bombay High Court

Why in News?

• Recently in the matter of XYZ v. State of Maharashtra & Anr., the Bombay High Court addressed the refusal of Juvenile Court clerk Sudhir Pawar to accept a charge sheet despite court orders. This defiance prompted the court to criticize Pawar for obstructing justice and raised concerns about the oversight of Presiding Officer Smt. Seema Ghute.
  • The court opted for a detailed inquiry by the Principal District Judge, Thane, rather than immediate contempt proceedings, to investigate Pawar's actions and evaluate the overall functioning of the Bhiwandi Juvenile Court.

What was the Background of XYZ v. State of Maharashtra & Anr.?

• The Investigating Agency was authorized by a court order dated December 12, 2023, to file a charge sheet upon completing their investigation.
  • However, when the Investigating Officer (IO) attempted to file the charge sheet at the Juvenile Court in Bhiwandi, the clerk Sudhir Pawar refused to accept it because the juvenile in question was not present.
• Despite a subsequent court order on April 8, 2024, explicitly allowing the charge sheet to be filed without the juvenile's presence, Sudhir Pawar continued to refuse to accept the charge sheet.
• This led to the prosecutor informing the court on June 11, 2024, that despite two High Court orders, the IO was still facing obstruction.

What were the Court’s Observations?

• The court strongly criticized Sudhir Pawar, the clerk at Juvenile Court Bhiwandi, for blatantly disregarding court orders, which it deemed as interference in the administration of criminal justice.
• The court also expressed concern over the apparent lack of control by Presiding Officer Smt. Seema Ghute over her court, suggesting her role needed examination by the Principal District Judge.
• Instead of immediately pursuing contempt proceedings, the court ordered a detailed inquiry by the Principal District Judge, Thane.
  • This inquiry would investigate Pawar's conduct and assess the overall functioning of the Juvenile Court at Bhiwandi.
• The concerned police officer, on court direction, filed an affidavit detailing the issue, submitted on June 12, 2024.
  • The Principal District Judge was mandated to complete the inquiry within one week and submit a comprehensive report to the High Court .
• Pending the inquiry, the Principal District Judge was granted authority to suspend Pawar if deemed necessary and to take any other appropriate legal action for a thorough investigation.

What is the Juvenile Justice System?

• The juvenile justice system concerns children who have conflicted with the law and need care and protection.
• In India, a person below the age of 18 years is considered a juvenile.
• Minor is a person who has not attained the age of full legal responsibility and the juvenile is a minor who has committed some offence or needs care and protection.
• In India, any child below the age of 7 years cannot be convicted of any crime because of the doctrine of Doli incapax which means incapable of forming intent to commit a crime.

What is the Objective of the Juvenile Justice System?

• To rehabilitate young offenders and give them a second chance.
• The main reason for this protection is that children's brains are not fully developed, and they do not have a complete sense of wrong and right.
• When parents have poor parenting skills, abusive home, violence in the home, a single parent who left their children for a long time unsupervised.
• The influence of news, movies, web series, social media, and lack of education are also reasons why children indulge in criminal activities.

What is the Power and Function of Juvenile Court?

• Section 8 of the Juvenile Justice (care and protection of children) Act, 2015 deals with Powers, functions and responsibilities of the Board.
  • Power of Board:
    • The Board constituted for any district shall have the power to deal exclusively with all the proceedings under this Act, relating to children in conflict with law, in jurisdiction of such Board.
    • The powers conferred on the Board by or under this Act may also be exercised by the High Court and the Children’s Court, when the proceedings come before them under section 19 or in appeal, revision or otherwise.
  • Function of Board:
    • Ensuring the informed participation of the child and the parent or guardian, in every step of the process;
    • Ensuring that the child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation;
    • Ensuring availability of legal aid for the child through the legal services institutions;
    • Wherever necessary the Board shall provide an interpreter or translator, having such qualifications, experience, and on payment of such fees as may be prescribed, to the child if he fails to understand the language used in the proceedings;
    • Directing the Probation Officer, or in case a Probation Officer is not available to the Child Welfare Officer or a social worker, to undertake a social investigation into the case and submit a social investigation report within a period of fifteen days from the date of first production before the Board to ascertain the circumstances in which the alleged offence was committed;
    • Adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 14;
    • Transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to be in need of care and protection at any stage, thereby recognising that a child in conflict with law can also be a child in need of care simultaneously and there is a need for the Committee and the Board to be both involved;
    • Disposing of the matter and passing a final order that includes an individual care plan for the child’s rehabilitation, including follow up by the Probation Officer or the District Child Protection Unit or a member of a non-governmental organisation, as may be required;
    • Conducting inquiry for declaring fit persons regarding care of children in conflict with law;
    • Conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the District Child Protection Unit and the State Government;
    • Order the police for registration of first information report for offences committed against any child in conflict with law, under this Act or any other law for the time being in force, on a complaint made in this regard;
    • Order the police for registration of first information report for offences committed against any child in need of care and protection, under this Act or any other law for the time being in force, on a written complaint by a Committee in this regard;
    • Conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of that child to an observation home or place of safety, as the case may be; and
    • Any other function as may be prescribed.