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Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Constitutional LawSupreme Court of India

Sampurna Behura v. Union of India & Ors.

Writ Petition (Civil) · 2018 INSC 125Decided 9 Feb 2018
Writ Petition (Civil) No. 473 of 2005
Justice Madan B. Lokur · Justice Deepak Gupta

Background

Sampurna Behura, a sociology researcher who had worked on child-rights issues, filed this PIL in 2005 complaining that State Governments and Union Territories were failing to implement the Juvenile Justice (Care and Protection of Children) Act, 2000 (later replaced by the 2015 Act): in particular, not setting up Juvenile Justice Boards, Child Welfare Committees, and proper Homes for children in need of care. Over the next 12+ years, the Court repeatedly sought status reports from the Union Ministry of Women and Child Development and from NALSA on the state of implementation across the country.

Decision Breakdown

The Court found that, despite repeated Chief Justices' Conference resolutions since 2006, implementation remained patchy: many districts still lacked functioning JJBs/CWCs, training of Principal Magistrates and social workers was ad hoc, the Juvenile Justice Fund was underused, and data collection by States was inconsistent. The Court issued a detailed set of 16 directions covering the functioning of the National/State Commissions for Protection of Child Rights, State Child Protection Societies and District Child Protection Units, staffing and training of JJBs and CWCs, registration of Child Care Institutions, Special Juvenile Police Units, use of technology for tracking missing/trafficked children, and asked every High Court's Chief Justice to register suo motu proceedings to monitor local implementation. The writ petition itself was disposed of, with the matter listed again for the limited purpose of tracking High Court compliance.

Lesson Learnt

A beneficial child-welfare law on the books is not enough: courts can use continuing PIL oversight to compel the machinery (JJBs, CWCs, police units, training systems) that actually makes such a law work on the ground, and ordinary citizens (here, a research student) can set that process in motion.

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