SRINAGAR: The functioning of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) in Jammu and Kashmir has come under scrutiny after the Mission Director, Mission Vatsalya, Rubina Kausar, directed District Child Protection Officers (DCPOs) to take over their records and case files amid pending High Court proceedings over the tenure and selection of members.
In a communication dated October 13, 2026, the Directorate stated that the six-month extension granted to existing CWC chairpersons and members, as well as JJB members, had expired, while the process of constituting new bodies remained incomplete.
The communication directs DCPOs to take custody of official records, registers and case files. It also provides for matters concerning Children in Need of Care and Protection to be handled by Protection Officers under DCPO supervision during the intervening period. Principal Magistrates are to be assisted by Legal-cum-Probation Officers in relation to JJB functions.
The directive has prompted objections from serving members, who question whether an administrative communication can alter the functioning of statutory bodies while related proceedings remain pending before the High Court.
According to the members, the court had directed that the selection process should not proceed until the petitioners’ claims for renewal of tenure were considered. They argue that the October 13 communication raises questions about the legal authority for transferring records and assigning functions during the intervening period.
The members further contend that the Mission Director’s role as Member Secretary of the Selection Committee does not, by itself, confer independent statutory authority to terminate or replace bodies constituted under the Juvenile Justice framework.
The dispute centres on the interpretation and effect of the court’s directions, the status of the existing members following the expiry of their extension, and the authority under which the records and functions are being transferred.
The implications extend beyond an administrative dispute. CWCs deal with children requiring care and protection, including cases involving alleged abuse, abandonment and trafficking, while JJBs handle matters concerning children alleged to be in conflict with the law. Their proceedings can involve sensitive personal, family and medical information.
The members have sought intervention from the competent authority in the Social Welfare Department, asking that the October 13 directive be kept in abeyance and that the functioning of the statutory bodies be maintained in accordance with the law and applicable court directions.
The Mission Vatsalya Directorate’s position, as stated in the communication, is that the existing members’ extension has expired and the new bodies are yet to be constituted. A response from the Directorate or the Social Welfare Department to the objections raised by the members was not available in the material provided.
The precise legal effect of the High Court’s directions on the records transfer and interim arrangements would depend on the wording of the relevant court orders and the applicable statutory provisions.
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