JOSE MAVELI Vs. STATE OF KERALA

JUDGEMENT

(1.) Though the Juvenile Justice (Care and Protection of Children) Act, 2000 has been brought into force and rules have been framed in Kerala under that Act, unfortunately the structures have not been brought into place and we find that no Child Welfare Committee has been appointed for the district of Ernakulam. That explains why the petitioner has been compelled to come to this court with the present dispute.

(2.) The petitioner, the President of the Janaseva Sisu Bhavan produced five children before the learned Judicial First Class Magistrate Court-I Aluva and reported that these children were rescued from a group of beggars at Ettumanoor. The children were rescued by the police and handed over to the custody of the petitioner. The petitioner produced them before the learned Judicial First Class Magistrate Court-I Aluva and sought that they may be released to the custody of the petitioner.

(3.) In as much as the Child Welfare Committee has not been constituted, a Division Bench of this court in Parvathy v. The Superintendent, Corporation Relief Centre [2002(1) KLT 523] had directed that until the Child Welfare Committees are constituted, the Judicial First Class Magistrates can exercise such powers in respect of children produced before them. The learned Judicial First Class Magistrate Court -I Aluva by Ext.P1 order directed that the five children produced before him may be released to the custody of the petitioner until further orders. That order was passed on 19/12/2005.