Juvenile justice system crumbles in J&K

Srinagar, Oct 21: In a blow to juvenile rights in Jammu & Kashmir, the Juvenile Justice Boards have become partially defunct and the Child Welfare Committees fully dysfunctional following the completion of the term of their members.
The tenure of most Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) expired on April 15, 2026. Subsequently, the Social Welfare Department granted a six‑month extension to the existing chairpersons/members of the CWCs and members of the JJBs. The extension expired on October 13, 2026.
The JJB comprises a Principal Magistrate, appointed by the High Court, and two members appointed by the Social Welfare Department.
With the tenure of both members ending on 13 October 13, the Board has been left with only the Principal Magistrate. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, at least two members, including the Principal Magistrate, must be present at the time of final disposal of a case or while passing an order to transfer a juvenile’s case involving heinous offences such as murder or rape to the Children’s Court for trial as an adult.
It means that JJBs in J&K are restrained from passing final orders or issuing transfer orders (sending heinous offence cases of children above 16 to the Children’s Court for trial as adults).
Likewise, the CWCs -comprising a Chairperson and four members, all appointed by the Government on the recommendations of a selection‑cum‑oversight committee -have also become defunct with the completion of the term of their members, including the Chairperson.
With Child Welfare Committees defunct, the entire child protection mechanism for vulnerable children in J&K has collapsed. In their absence, there is no authority to declare a child “in need of care and protection.” Without this declaration, children cannot be admitted to child care institutions, foster care, or adoption.
In a post on X, former Minister and MLA Handwara Sajad Lone criticised the government over the failure to constitute new CWCs and JJBs, alleging that the lapse has created uncertainty over the institutional protection available to children in distress and those in conflict with the law.
Lone said the roll‑out of the ICPS initiative had established an institutional mechanism to deal with children requiring care and protection, as well as juveniles in conflict with the law.
He noted that Jammu and Kashmir had witnessed a high incidence of minors being taken into police custody and argued that the introduction of ICPS marked a significant step towards establishing a child‑friendly justice system.
Referring to the Mission Vatsalya communication dated 13 October, Lone said the document itself acknowledged that the tenure extension had expired and the new CWCs and JJBs had not been constituted.
He added that the six‑month extension was intended to provide time for fresh appointments and questioned why the government had failed to complete the process within the stipulated period.
“The order itself admits new CWCs/JJBs ‘are yet to be constituted’. The discretion is exhausted. The default is totally by the government. No space for scapegoating,” he said.
Lone alleged that the absence of duly constituted committees and boards could affect the handling of cases involving vulnerable children, particularly those requiring immediate intervention or legal protection. (KNO)