Northlines Correspondent
Jammu Tawi, Jan 29: The decision of the Jammu & Kashmir Administration granting one-year extension to members of Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) has raised many eyebrows being not in accordance of law.
The Social Welfare Department, which is administrative department of JJBs and CWCs, has issued an order to grant one-year extension to members of JJBs and CWCs, raising questions from different quarters.
“During the process of selection of fresh Juvenile Justice Boards and Child Welfare Committees under the Juvenile Justice (Care and Welfare) Act, 2015 and Juvenile Justice( Child and Welfare) Model Rules, 2016, the existing Juvenile Justice Boards and Welfare Committees shall be allowed to continue their functioning for period of one year or till such fresh selections are made as per the prescribed procedure, whichever is earlier,” reads an order issued by Social Welfare department.
The order has raised questions whether the government can give one-year extension to CWC and JJB members.
“The Juvenile Justice Act of 2015 unambiguously states that JJB and CWC members will have three-year tenure. This is brazen violation of Rule 5 (1) & (2) and Rule 15 (4) of The Juvenile Justice (Care and Protection of Children) Model Rules, 2016, which clearly states in the matter of social members of JJ Board that they shall be appointed for a period of not more than 3 years. The word ‘shall’ has been used in the law, which means it is mandatory and nobody can overrule it,” a delegation told. Section 15 (4) applicable to members of Social Welfare Committee envisages that “A member of the Committee shall be eligible for appointment of maximum of two terms, which shall not be continuous.”
They also questioned government’s lax approach for fresh recruitments when there is a clear-cut statutory provision that these appointments are only for three years.
“We appeal Lieutenant Governor Manoj Sinha to look into the matter. Majority of the members of JJBs and CWCs are retired government employees who are already drawing pension. They are also getting additional remuneration as members of JJBs and CWCs ,” they said.
Every JJB has two members and a principal magistrate while CWC has four members and a chairman.
The selections for these posts were made three years ago by Selection-cum-Oversight Committee headed by a retired High Court Judge Mr. Hassnain Masoodi.
