REGISTRAR GENERA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri A. Bimol, learned Senior Advocate appearing for the petitioner and Shri N. Kumarjit, learned Advocate General, Manipur appearing for the respondents.

(2.) The Juvenile Justice (Care and Protection of Children) Act , 2015 was enacted by the Parliament with a view to ensure that all the needs of the children are met and that their basic human rights are fully protected. It is reported that children constitute 40% of the population in the country. Section 4 of the Act provides for constitution of one or more Juvenile Justice Boards for every district in the country. While there are, at present, 16 Revenue Districts in Manipur, there are only 9 Judicial Districts. Juvenile Justice Boards have been constituted in all 9 Judicial Districts in Manipur but even after a lapse of more than three years from the date of passing the said Act, not a single post of Principal Magistrate has been created by the State Government, as a result of which the Judicial Magistrates First Class are to be assigned the additional charge of the Principal Magistrates. Since the Judicial Magistrates First Class are already over-burdened with their judicial works dealing with the pending cases, the functioning of the Juvenile Justice Boards has been greatly affected and hampered. In a decision rendered by the Hon'ble Supreme Court in Sampurna Behrua Vs. Union of India, (2018) 4 SCC 433, it has emphasized the indispensable need of implementing the provisions of the Act for which various directions have already been issued by it. The Hon'ble Supreme Court has observed that the training of the Principal Magistrate is important as provided under Rule 89 of the Model Rules and that depending upon the number of inquiries pending before each JJB, it is the obligation of the JJB to sit on a daily basis. The relevant direction is as under:

(3.) Keeping in mind the financial problems being faced by the State of Manipur, this Court does issue the following directions:-