Bombay High Court Demands Pinpointed Affidavits in Juvenile Home Escape Case, Sets 2026 Hearing
The Aurangabad bench of the Bombay High Court has issued a stern directive to the Maharashtra state government, ordering the filing of fresh, "pinpointed" affidavits in a suo motu Public Interest Litigation (PIL) concerning the escape of nine minor girls from a juvenile home. The court has explicitly warned that any deviation from its orders will invite action under the Contempt of Courts Act, underscoring the gravity of the situation. A further hearing has been scheduled for March 10, 2026, allowing time for compliance and thorough review.
Court Criticizes Vague Responses and Systemic Failures
A division bench comprising Justices Vibha Kankanwadi and Hiten S. Venegavkar expressed dissatisfaction with the state's previous affidavits, describing them as vague and insufficient. The bench emphasized that future affidavits must be "pinpointed and confined to the information called for," making it clear that any lacuna or non-compliance would be treated as disobedience. This PIL was initiated in 2025 after news reports revealed that nine minor girls had escaped from a juvenile home in Chhatrapati Sambhajinagar and sought assistance at the district court, where they attempted to lodge a complaint with the District Legal Services Authority (DLSA).
The court took serious note of the DLSA's handling of the matter, observing that the authority "did not then take cognisance of the real problem of the girls," instead merely handing over their custody to the Damini squad. The High Court added that the issue was not addressed with due sensitivity by the DLSA, highlighting a critical failure in the child protection system.
Amicus Curiae and Legal Representatives Highlight Compliance Gaps
Senior counsel P.R. Katneshwarkar, appointed as amicus curiae, pointed out significant gaps in compliance during the proceedings. He submitted that the affidavits filed by the state were vague and did not specifically address the issues flagged by the court. Katneshwarkar urged the bench to seek clear data on several key aspects, including:
- The functioning of Child Welfare Committees (CWCs) across districts.
- Vacancies in key posts such as district protection officers.
- The implementation of earlier directions to ensure accountability under the Juvenile Justice (JJ) Act.
Advocate Ganesh Gadhe, representing the registrar (judicial) of the High Court, noted that the court had flagged several "deficiencies" in the affidavits. Specific details were sought on whether CWCs in all districts are holding regular meetings as mandated under Section 28 of the JJ Act. Additionally, the absence of clear data on vacant posts of district protection officers and any roadmap to fill them was highlighted as a major concern.
Systemic Issues and Non-Compliance Under Scrutiny
The bench further sought the status and minutes of meetings of the High Power Committee constituted under Section 16(2) of the JJ Act for 2025. Non-publication of annual reports from 2018 to 2023 was brought to light as another instance of non-compliance, indicating a pattern of neglect in administrative duties. Criticizing the state's approach, the court remarked, "Mere translation of our opinion in the form of a circular is not sufficient," emphasizing the need for systemic corrective measures rather than routine issuance of circulars.
Comprehensive Directions Issued for Reform
In response to these findings, the High Court issued a series of comprehensive directions aimed at addressing the systemic flaws. The state has been ordered to file fresh affidavits within three weeks, specifically addressing:
- The regularity of CWC meetings.
- Vacancies in officer posts and plans to fill them.
- The functioning of the High Power Committee.
Additionally, the court directed the state government to frame a transfer policy to ensure that training imparted to Special Juvenile Police Units (SJPU) and Child Welfare Police Officers' Units (CWPOU) is not "wasted" upon transfer. Training at the institutional or academy level for uniformity was also mandated to enhance effectiveness.
The principal secretary of the home department was instructed to file a separate affidavit regarding the training and transfer of SJPU and CWPOU personnel. Furthermore, the Maharashtra State Legal Services Authority was asked to conduct awareness programs for its authorities to ensure better services for children in similar situations in the future, aiming to prevent such incidents from recurring.
