SONAM PALDEN BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Ms. (Dr.) Doma T. Bhutia, learned Counsel for the petitioner in this Public Interest Litigation (for short, 'PIL'). Also heard Mr. J.B. Pradhan, learned Additional Advocate General, Sikkim with Mr. Karma Thinlay and Mr. S. K. Chettri, learned State Counsel appearing for the State of Sikkim/Official respondents.

(2.) This PIL registers the grievances of total non-implementation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') and the Rules framed thereunder by the Government of Sikkim namely, the Sikkum Juvenile Justice (Care and Protection of Children) Rules, 2002 (hereinafter referred to as 'the Rules').

(3.) The basic contentions of the petitioner are that, for instance, although the Juvenile Justice Board (for short, 'the Board') have been constituted, no full-time Magistrate has been appointed for the purpose till date. Even the requirement of having two social workers has not yet been fulfilled. Advancing another instance it is alleged that the Magistrates who are appointed to preside over the Board have not given the independent and separate charge and they have been made to work only on the basis of additional charge of the Board while they are performing their regular and substantial duties as Magistrates in their respective Courts.