J&K&L HC: Child with capable parent not ‘in need of care’ under JJ Act

J&K&L HC: Child with capable parent not ‘in need of care’ under JJ Act

The High Court of Jammu & Kashmir and Ladakh, Srinagar Bench, held that the presence of a capable and caring parent excludes the application of “child in need of care and protection” under the Juvenile Justice Act, 2015. In Oasis Girls School, Gogji Bagh vs. Ms. XXX (Minor), a six-year-old student was expelled after her father raised complaints regarding school fees. The matter was referred to the Child Welfare Committee (CWC), which conducted an inquiry and issued directions against the school. Challenging this, the school contended that the CWC lacked jurisdiction. The Court examined Section 2(14) of the JJ Act and held that the child did not fall within its scope. She had a caring father, a stable home environment, and there were no allegations of neglect, abuse, abandonment, or vulnerability. The Court clarified that CWC jurisdiction is confined strictly to children requiring care and protection, and cannot extend to disputes such as school expulsion. Distinguishing reliance on Supreme Court precedents dealing with extreme vulnerability, the Court set aside the CWC’s order as ultra vires, reaffirming the limited statutory role of CWCs.