No offence has been registered under the law in the decade of its existence, notes his PIL
The Juvenile Justice (Care and Protection of Children) Act, 2000, has provision for action against a variety of cruelties against children. However, the law remains under-used as not a single offence has been registered under the law, nor has anyone been punished in the state since its legislation.
Disturbed by this, Pune-based lawyer Rajendra Anbhule filed a public interest litigation (PIL) in the Bombay high court in November, accusing the state of negligence towards juveniles.
During the hearing in the case in the last week of November, the high court directed that all the juvenile justice boards in the state be made respondents in the case.
Anbhule told DNA, “Though such a strong law exists in the country, our police and the departments concerned did not register a single case since 2000. That is evident of the state’s apathy.”
Sections 23, 24, 25, 26 and 27 of the Act lay down various provisions relating to punishment for cruelty to juveniles, employment of juveniles, using a child for begging, penalty for giving intoxicants or narcotic drug or psychotropic substances to a juvenile, and exploitation of juveniles or child employees.
As per section 27 of the Act, the offences under sections 23, 24, 25 and 26 shall be cognizable. The Juvenile Justice (Care and Protection of Children) Rules, 2007, lays down procedures to be followed in respect of sections 23, 24, 25 and 26 of the Act.
Rule 18 (3) states that the offences against a juvenile in conflict with law or a child specified in sections 23, 24, 25 and 26 shall either be bailable or non-bailable, besides being cognizable under the provisions of the Criminal Procedure Code, 1973, and the procedure shall apply to the police, the boards and the authorities and functionaries concerned.
Despite this, no offences are being registered or any person punished in the state for violation of sections 23, 24, 25 and 26 of the Act. The PIL notes that the state and the police are not taking cognizance of the said provisions by initiating actions against the culprits.
Stating that the police are ignorant of the provisions, the petitioner has stressed on special training and awareness among the police. The Act covers juvenile delinquents and also children who are found begging on the streets.
Although the Act calls for special homes to be set up by the state for treatment and rehabilitation of juvenile delinquents, there is just one such special home in the state, the petition states.
Similarly, although the law demands that children’s courts be set up in the state for speedy trial of offences against children or for violation of child rights, not a single such court has been established.
Mentally challenged and HIV-positive children in the children’s homes have been deprived of special care and attention as the required staff has not been provided.
The PIL states that there is no machinery to identity fradulent children’s home in the state engaged in questionable activities. The state government has not established the required inspection committee as per section 35 of the Act to inspect the working of children’s homes.
This had led to many malpractices in children’s homes. Hence there is an urgent need to check such malpractices and take action, the petition demands.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}