x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   4 DIGs transferred | 'Sufarshi have a field day as deserving IAS, KAS officers being sidelined' | Akbar Lone does it again, says 'India will lose Kashmir soon' | Mehbooba turns Imran Khan's spokesperson | Some employees' leaders executing separatists' agenda in Jammu | Tackle tiny Kashmir Valley to end secessionism | PC exposes NC, PDP shakes hands with NC | Tainted section officer of ULBK ensures that whistle blower of deptt continues to remain suspended | Curfew relaxed in entire city, schools to open Today | Govt withdraws security of 18 Hurriyat leaders, 155 political persons | Home Deptt transfers SSP, SPs | Secy PHE, Farooq Shah applies for voluntary retirement, likely to join NC | AOC Hr Sec School accords farewell to Class 12 students | NPP pays homage to martyred Jawans | Red Cross provides necessary items to needy | 25th meeting of Governing Council for SMVD Gurukul held | Awareness programme on Child Rights organised | Environmental park Janipur becomes drug-addicts' den | In an environment of insurgency/terrorism complacency is dangerous | Doors of dialogue with Pakistan has been shut by India | HC orders personal appearance of Com Secy Health, FSC | Srinagar-Jammu all-weather road still a distant dream | Pulwama attack was originally planned for Feb.9 on Afzal Guru's death anniversary: Sources | Provide Info about utilization of CDFMP-LAD funds | Major reshuffle in police, 64 Deputy Superintendents of Police transferred | Northern Army Commander reviews security situation in Kashmir | PIL seeking demolition of illegal constructions at Patnitop | ACB registers case against flood assessment committee, SMC officials | JAC castigates Union Govt for bringing ordinance on reservation | JKNPP castigates attachment of Jammu doc | JKHCBA seeks action against anti-nationals | Indian, Pakistani troops trade heavy fire on LoC | Shah gets additional charge of Secy PHE, I&FC, Disaster Mgt | Law doesn't permit to punish on basis of moral conviction or suspicion: HC | Landslides Disrupt Jammu highway traffic; rain, snow forecast for J&K | ECI to review arrangements for LS polls in J&K | Two absconders arrested | Pak has started a war, we will end it: G D Bakshi | Rain, snowfall destroys houses | Pakistan epicentre of terrorism in world: Dr Manohar | NC, PDP should not interfere in Jammu: MPEJ | State passing through most difficult phase: Farooq | Stop harassment of Jammu people: JKNPP | Grameen Bank organize financial literacy awareness programmes | Nat Manch appeals Government to bring normalcy | ABVP delegation calls on ADC Jammu | Kalam Foundation organizes workshop for civil service aspirants | AAP criticizes Union Government | NMC seeks release of 3 % DA | Former PDP MLC joins NC | Govt orders transfer of one IAS, KAS officers | JKBOSE Class 12th exams for Jammu division postponed due to curfew post Pulwama attack | JK Bank announces new dates for probationary officer and banking associate exams | Back Issues  
 
news details
The Floundering Juvenile Justice Act
12/6/2018 10:12:07 PM
Rameshwar Singh Jamwal

Juvenile Justice (Care and Protection of Children) Act, 2015 came to be passed by Indian Parliament in compliance to the obligations of enacting such a legislation, as mandated by the United Nations General Assembly Resolution, prescribed in the convention on the Rights of Children and related international instruments. It replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act 2000, and allows for juveniles in conflict with Law in the age group of 16-18, involved in Heinous Offences, to be tried as adults. It also provides for proper care of children in need of proper care, protection, development, treatment and social integration. There was intense controversy, debate and protest on many of its provisions by Child Rights fraternity but the government went ahead with the legislation. The Act came into force from 15 January 2016. It extends to the whole of India, except the state of J&K.
In addition, to streamline adoption procedures for orphan, abandoned and surrendered children, the existing Central Adoption Resource Authority (CARA) has been given the status of a statutory body to enable it to perform its function more effectively. A separate chapter on Adoption provides detailed provisions relating to adoption and punishments for non compliance. Processes have been streamlined with timelines for both in-country and inter-country adoption including declaring a child legally free for adoption.
After the passing of the legislation, many steps have been taken by different states to ameliorate the lot of children in need of help. Juvenile justice boards have been set up at district headquarters to deal with the children in conflict with law. I am not aware of the situation existing in other states, because this would come out only after review of the legislation and its after effects, but I can certainly comment about its implementation in my state and the steps required to enhance its effectiveness, as the state of J&K is still to frame such a law. I have been associated with a local NGO which has done some work in the field and on the basis of such experience I can say with authority that much needs to be done to achieve the objectives of the legislation and the idea behind such act. The new Chief Justice of J&K has also shown much interest in the legislation and her involvement, besides that of many men of eminence in the state can give the required impetus to the efforts for an effective legislation in the state. The state has taken some steps, like the appointment of a retired High Court Judge as the Chairperson of a selection cum oversight committee and has also constituted District Juvenile Justice Boards. But the requisite Special homes are not there, nor are observation homes or open shelters. I am not aware of the creation of requisite infrastructure in other states after the coming into force of JJ Act and the lacunae, the shortcomings and its strengths will become evident only after couple of years, when requisite studies are carried out, but our experience in the state shows that there are still large gaps to be filled in. We simply cannot have satisfaction by enacting a legislation, its percolation to the ground level at the desired levels has to be ensured. We still watch hundreds of juvenile stone pelters in the valley, dozens on the road crossings asking for alms, hundreds working in shops and houses against the provisions of law and many other flagrant violations of JJ Act but hardly any steps by state agencies for its effective implementation.
My prime concern at the moment is the total absence of desired requisites for changing the Behavioral deficits or Behavioral excesses of those found in conflict with law. How they acquired such maladaptive and criminal behaviors and what steps are required to change their such behaviors has not been prescribed in the act .Though it is prescribed that Psychologists, foster families, guardians, observation homes. shelters, special juvenile police units etc. will take care of the children in need of care or those flouting the law and all positive measures would be adopted to promote their well being and providing an inclusive and enabling environment and principles of diversion would be adopted for children in conflict with law and Probation officers or child welfare officers would be directed by Juvenile Justice Boards to undertake a social investigation report containing only the antecedents and family background and other material circumstances leading to the commission of such offence, but how such officers can take care of those diagnosed with ODD,CD,ADHD or ASPD or have defective DRD2,DRD4 or DAT Genes when they don't have even the basic knowledge of such terms. The legislation has proceeded on the assumption and premise that it is only the social factors which have led such children to commit crime. We have not given any credence to various criminological perspectives leading to commission of crimes and for this purpose the legislators needed to be sensitized before they framed the legislation but all has not been lost as yet. J&K, which had its JJ Act 1997, and had the Juvenile Justice (care and Protections) Act.2013, three years prior to the framing of the Central Act, is likely to bring necessary change after the passing of new central JJ Act but still the policy makers, and the implementing agencies in the state are groping in the dark about the true scope and its implementation in the state. The state has its own legislative procedure and after the formation of the new government, we can bring required changes in the existing act by incorporating the required parameters and the central government can also, taking cue from the model legislation, bring the required changes in the central act. For this, the civil society, especially the law knowing persons must come together to discuss the deficiencies of the act and suggest the remedial measures.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU