Juvenile Justice system in Karnataka, though functioning regularly, has been criticised for various reasons. One of the criticisms is the selection of functionaries in CWC and JJB, in contravention of JJ Rules. According to Karnataka JJ Rules 2010, there shall not be any functionary who is in the management of any children's home. However, on the contrary, there are a number of undeserved persons who managed to get into CWC and JJB. CWC and JJB are the magisterial bodies which have powers to inspect, monitor and assess the children's homes run by NGOs. In such situation, how is it practical for the CWC/JJB functionaries to look into the functioning of their own Children's Homes? Is it not a mockery of the system?
The Selection Board has not properly looked into the antecedents of the persons who had applied for the post of Member Magistrate in CWC or JJB. The Board should have conducted a home enquiry / police verification of the persons to ascertain the background of the applicants. I personally know some members/ chairpersons who run children's homes in the same district. If there is discripancy or violation in their institutions, who will take congnisance of it? Who will inspect the institution?
First of all, on ethical ground, the funcitonaries who run such institutions should voluntarily resign from the post immediately before someone files a complaint with the department or high court. Or the Selection Board should review the selection process and initiate action against such functionaries. Compliance of law is very important for a member magistrate to discharge his / her duties. Under the heading of disqualifications, Karnataka Rules 2010 has very clearly put the relevant provision. There are directors of NGOs that run children's home in the state, with or without the assistance of the government. Now, if they are part of CWC or JJB, how will they be able to deliver justice in the spirit of law?
The Selection Board, of which Director of Dept of Women and Child Development (DWCD) is the member secretary, has to immediately look into this anomaly and initiate the corrective measures to make the system in the district proper. This step will generate a trust on the juvenile justice systems among the commons.
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