Ishwar Prasad Tiwari vs. State of U.P. & Ors.[WRIT – C No. – 15749 of 2020]

While disposing of the Petition filed by Ishwari Prasad Tiwari for the constitution of the Juvenile Justice Board and Child Welfare Committee in state, the Allahabad High Court cited

  1. that the United Nations Convention on Rights of Children was ratified by India on 11th December, 1992, wherein it was agreed by the member Nations to undertake all appropriate measures including measures in respect of children, who are accused of violating any penal laws
  2. that Children are the backbone of the country and Article 15(3) also casts a mandate upon the State to take steps for special measures to protect the rights of the children.

The bench comprising of Justice Shashikant Gupta and Justice Pankaj Bhatia has directed the State Government that steps for constitution of the Juvenile Justice Board and Child Welfare Committee be taken expeditiously.

Observation of Court-

1.Non-function of the Board is clearly against the mandate of Article 15(3) and against the solemn promise made in the form of ratification of United Nations Convention on the Rights of Children treaty.

  1. We hope and trust that the State Government shall take necessary steps for fulfilling the laudable objects of the Juvenile Justice (Care and Protection of Children) Act, 2015.
  2. In the future, the State Government should ensure that the vacancies are expeditiously filled up and steps for filling the vacancies be taken at least six months prior to the date of the vacancy falling due.

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