SC asks govt to establish Juvenile Court within this fiscal year

KATHMANDU: The Supreme Court (SC) has mandated the government to establish a juvenile court within this fiscal year.

The court’s ruling, issued by a joint bench of Justices Anil Kumar Sinha and Til Prasad Shrestha, emphasizes the urgent need to adhere to the Children’s Act of 2048.

This act, the court stresses, has long been neglected, with its provisions left unfulfilled for three decades.

The Supreme Court’s judgment, disclosed recently, underscores the gravity of the situation, particularly in ensuring child-friendly justice—a fundamental right of children.

Despite legal provisions existing in both the Children’s Act of 2048 and the current iteration, the Children’s Act of 2075, as well as commitments outlined in the national policy on children, the SC has expressed disappointment over the government’s failure to implement them.

Notably, the Supreme Court’s order for establishing a juvenile court dates back to November 24, 2005.

The recent ruling clarifies that the establishment of such courts is not merely at the discretion of the government but is imperative in safeguarding children’s rights.

The judgment explicitly tasked the government, in consultation with the Judicial Council, to determine the requisite criteria for setting up juvenile courts based on caseloads in respective districts.

It has also mandated the establishment of these courts within the current fiscal year.

Furthermore, the order has stipulated the issuance of written notices to the Directorate of Judgment under the Supreme Court to oversee the implementation of this order, underscoring the court’s commitment to upholding children’s rights within the justice system.