Hearing a Public Interest Petition filed for Petitioner Rachhitta Rai by Dr. Doma Bhutia, Sikkim High Court
on 10.09.2013 has issued interim directions requiring Chief Judicial
Magistrate to inspect Observation Home in Gangtok and to give a report
in this regard to High Court on next date of hearing.
Bench comprising Chief Justice Pius C. Kuriakose and Justice S.P. Wangdi directed Chief Judicial Magistrate, Gangtok to give a report on standard of hygiene, availability of space, quality of food and medical facilities available in Observation Home. Additionally, Court asked Chief Judicial Magistrate to make inquiry as to in how many cases Social Investigation Reports are being made and submitted to JJB and also to inform as to whether observation homes and shelter homes have been set up in various districts in Sikkim State.
Bench also directed State Government to ensure that only those officers who have undergone trainings organised by Sikkim state Legal services Authority on Juvenile Justice (Care and Protection of Children) act 2000, are appointed to carry out their duties under Juvenile Justice Act and in case any of them have not undergone such trainings, then such officers be imparted trainings.
These interim directions have been issued in Writ Petition (PIL) No. 01 of 2013 titled as “Rachhitta Rai Versus State of Sikkim & Others”. Awaiting the report of chief Judicial Magistrate, Court has fixed the case for further hearing on 13.11.2013.
Sikkim is one of those States in India where Juvenile Justice Act remains largely unimplemented with just one Observation Home in the entire state, that too functioning in a pathetic condition. Dr. Doma Bhutia, advocate for the Petitioner also raised the issue that cases of juveniles in conflict with law keep dragging for an unusually long time and juveniles are often shown as adults by the Police and are send to adult jails. She highlighted in her arguments that various provisions of the Juvenile Justice Act are yet to be implemented by the Government in Sikkim State. High Court is expected to hear the case further after submission of inquiry report by the Chief Judicial Magistrate.
Bench comprising Chief Justice Pius C. Kuriakose and Justice S.P. Wangdi directed Chief Judicial Magistrate, Gangtok to give a report on standard of hygiene, availability of space, quality of food and medical facilities available in Observation Home. Additionally, Court asked Chief Judicial Magistrate to make inquiry as to in how many cases Social Investigation Reports are being made and submitted to JJB and also to inform as to whether observation homes and shelter homes have been set up in various districts in Sikkim State.
Bench also directed State Government to ensure that only those officers who have undergone trainings organised by Sikkim state Legal services Authority on Juvenile Justice (Care and Protection of Children) act 2000, are appointed to carry out their duties under Juvenile Justice Act and in case any of them have not undergone such trainings, then such officers be imparted trainings.
These interim directions have been issued in Writ Petition (PIL) No. 01 of 2013 titled as “Rachhitta Rai Versus State of Sikkim & Others”. Awaiting the report of chief Judicial Magistrate, Court has fixed the case for further hearing on 13.11.2013.
Sikkim is one of those States in India where Juvenile Justice Act remains largely unimplemented with just one Observation Home in the entire state, that too functioning in a pathetic condition. Dr. Doma Bhutia, advocate for the Petitioner also raised the issue that cases of juveniles in conflict with law keep dragging for an unusually long time and juveniles are often shown as adults by the Police and are send to adult jails. She highlighted in her arguments that various provisions of the Juvenile Justice Act are yet to be implemented by the Government in Sikkim State. High Court is expected to hear the case further after submission of inquiry report by the Chief Judicial Magistrate.
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