NHRC Calls For Forceful Implementation Of

New Delhi, February 4, 2007

'NHRC commits to enforcement of Rights of Children', this was stated by Dr. Justice Shivaraj V. Patil, Acting Chairperson of NHRC at the valedictory function of a two-day National Conference on Juvenile Justice System in India organized by the Commission. Dr. Patil said that the provisions of Juvenile Justice Act, 2000 along with its amendments in 2006 have to be looked into and forcefully enforced to get the maximum result. He said there has to be a development-oriented culture for the Rights of Children.

The Acting Chairperson said Section IV of the Act as amended makes its mandatory for the Constitution of Juvenile Justice Board in every district in a time period of one year. He said we should take a cue from this and exercise our legal rights if no such board is established at the expire of one year on August 22, 2007. He said the distinguish gathering which deliberated the issue for two days can always sit together again and discuss legal and constitutional angles threadbare so that we can come out with few but concrete recommendations which will go a long way in brining about difference in the life of juveniles. He said these recommendations have to be vital, meaningful and effective for the enforcement of the Juvenile Justice Act. Referring to the NGOs, he said they are the eyes and ears of the Commission on what is happening in the field and with their experience can enrich the tasks which will be taken up by the Commission. He called for sensitizing the field functionary so that no juvenile is treated as an accused but helped to join the mainstream of the society.

The experts in the field who deliberated for two-days came out with a number of suggestions, they include:-

· Juvenile Justice System (JJS) must become an integral part of human resource development planning and kept apart from criminal justice system to ensure development opportunities for children in conflict with law and in need of care and protection, without alienating them from social mainstream, the participants at the two-day conference on JJS suggested.

· The conference felt that there is an urgent need to ensure that appropriate bodies are constituted in every district of every State and UT to expeditiously take up cases relating to juveniles and children in need of care and protection. The participants perceived that the Juvenile Justice Board (JJB) should protect the best interests of the juveniles and in no way function as a criminal court. The delegates stressed that to achieve this sensitizing personnel responsible for the implementation of Juvenile Justice System is essential. They were of the view that a variety of measures suggested in the Juvenile Justice Act 2000 with its amendments of 2006 should be effectively executed to ensure better care and rehabilitation of the juveniles.

NHRC which is currently monitoring the status of implementation of JJ Act, 2000 has felt that majority of the States have not constituted the required number of these Institutions / Boards as prescribed in the Act.

· The Conference felt unanimously that the number of homes/institutions catering to the needs of juveniles, their capacity and the financial allocations were not in tune with the requirement. The amount spent on vocational training, health and recreation was negligible and there was a need to converge all the resources for this purpose. They felt that there is a need to set up adequate number of institutions like Observation Homes, Special Homes, Children Homes, Shelter Homes and After Care Organizations to ensure holistic rehabilitation and reintegration of such children. The Commission has said that there is an urgent need to reconstitute Central, State, District and City Advisory Boards in compliance with Sec 62 A of the JJA 2000. The Commission's monitoring has further revealed the absence of rules in many States and Union Territories under the JJA 2000.

· Keeping in view the NHRC's observations, it was felt that the Commission can direct all the State Governments / Union Territories to frame the required rules under the amended Act within three months. And also ask them to constitute Child Protection Units in every district to take up matters related to such children.

· All the speakers strongly supported the idea that under no circumstance, a juvenile or a child should be lodged in a police lock up or a jail and at least one police officer should be designated as the juvenile or child welfare officer. Such officer should be given training to deal with juveniles or children. They also felt the need that the Special Juvenile Police Unit should inform a Member of JJB, the probation officer, the parents/ guardian of the juvenile placed under their charge.

· As per the amended JJA, the State Govt./ JJB should review all cases where a juvenile is undergoing sentence. It should also be ensured that child friendly measures for keeping the child integrated with the family and mainstream of the society are adopted. They said such a move would not push the juveniles back to commit any offence and prevent them from becoming hardened criminals.

· They were of the view that a variety of dispositions as suggested in the 2000 and the amended Juvenile Justice Act 2006 should be effectively executed to ensure better care and rehabilitation of the juveniles. The Conference said probation played a significant role in the treatment and rehabilitation of juveniles. All the delegates felt that probation could be used as an effective alternative rather than sentencing the juveniles or confining them to some institutions. They also emphasized the need to ensure free legal aid to juveniles and a patient hearing in all legal proceedings against them taking into account their dignity and best interest.

· The delegates also stressed the need for formulating minimum standards for various community and institutional services for juveniles/children under the amended act and suggested that the United Nations Standard Minimum Rules for the Administration of Juvenile Justice 1985 (Beijing Rules) be the basis for formulating these standards.

· The conference also highlighted the need for specialized training modules for persons involved in the implementation of Juvenile Justice System. All concerned must be imparted specialized knowledge about the philosophy of juvenile justice and the Juvenile Justice (Care and Protection of Children) Act under which they operate besides international human rights standards and instrument relating to administration of juvenile justice.

The two-day Conference on February 3 & 4, 2007 deliberated on a number of issues including situational analysis of children, emerging issues in Juvenile Justice System, children in conflict with law: adjudication and dispositional alternatives, Community based models for care and protection of children and Preparation of action plan on Juvenile Justice. Hundred participants from all over the country comprising Judicial Officers, Chairpersons/Members of Juvenile Justice Board/Welfare Committees, Academicians, Government Officials, Police Officials, Social Activist and Senior representatives of voluntary organizations joined the Conference to exchange their views on the issue.