Third and Fourth Periodic Report on CRC - Unicef
Third and Fourth Periodic Report on CRC - Unicef
Third and Fourth Periodic Report on CRC - Unicef
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> the Rights of the Child<br />
"The magistrates are drawn from a youth court panel, which is appointed by the justices in the surrounding area each<br />
year. Each of these panels elects a chairpers<strong>on</strong> <str<strong>on</strong>g>and</str<strong>on</strong>g> deputy chairpers<strong>on</strong>, <str<strong>on</strong>g>and</str<strong>on</strong>g> <strong>on</strong>e o fthese must preside over each youth<br />
court.<br />
All magistrates sitting in the youth court are specially trained to deal with youth cases. They would also generally have<br />
experience of working with children, as a youth worker or teacher, <str<strong>on</strong>g>and</str<strong>on</strong>g> should have some level of underst<str<strong>on</strong>g>and</str<strong>on</strong>g>ing of the<br />
way of life of the children who are appearing before the court. As would be expected, the proceedings are a lot less<br />
formal than in other courts, <str<strong>on</strong>g>and</str<strong>on</strong>g> the parents or guardian are required to attend." [taken from an article published by the<br />
BBC <strong>on</strong> the internet]<br />
We share the view that children need the care <str<strong>on</strong>g>and</str<strong>on</strong>g> attenti<strong>on</strong> for their specific needs in their peculiar circumstances. Thus it<br />
is all the more necessary to have specifically trained <str<strong>on</strong>g>and</str<strong>on</strong>g> sensitized pers<strong>on</strong>nel to deal with them.<br />
Finally we may comment up<strong>on</strong> the nomenclature of the ‘court’ dealing with juveniles/children. In Engl<str<strong>on</strong>g>and</str<strong>on</strong>g> the "Juvenile Court"<br />
is now called the "Youth Court". Most countries still retain the title "Juvenile Court". In India the task of dealing with juveniles<br />
in c<strong>on</strong>flict with the law is entrusted up<strong>on</strong> the "Juvenile Justice Board". In Scotl<str<strong>on</strong>g>and</str<strong>on</strong>g> it is a "Panel" who c<strong>on</strong>ducts the "Children’s<br />
Hearings". It matters little by what name the "justice-provider" is called. However, in view of the fact that our Children Act<br />
deals with children who are destitute, neglected <str<strong>on</strong>g>and</str<strong>on</strong>g> vulnerable to cruelty <str<strong>on</strong>g>and</str<strong>on</strong>g> abuse as well as delinquent children, <str<strong>on</strong>g>and</str<strong>on</strong>g><br />
therefore, is c<strong>on</strong>cerned with children of every age, we would suggest a more neutral term, such as "Children’s Justice Panel"<br />
or "Children’s Justice Board" in order to encompass the n<strong>on</strong>-delinquent children whom the Act also seeks to protect.<br />
CONCLUSION: OUR PERCEPTION OF WHAT THE LAW DOES/OUGHT TO PROVIDE<br />
IN RELATION TO DELINQUENT CHILDREN:<br />
1. As so<strong>on</strong> as a child is apprehended for an alleged offence he must be taken before a Magistrate, <str<strong>on</strong>g>and</str<strong>on</strong>g> at all times kept<br />
separate <str<strong>on</strong>g>and</str<strong>on</strong>g> detached from any adult offender. Under no circumstances is the child to be kept in police lock-up.<br />
2. The Magistrate must take immediate steps to ascertain the age of the child in accordance with secti<strong>on</strong> 66 of the Act,<br />
<str<strong>on</strong>g>and</str<strong>on</strong>g> procedures laid down in the Act are to be followed.<br />
3. Parents/guardians of the child must be informed.<br />
4. The child should be c<strong>on</strong>sidered for release to the custody of his parents/guardian pending any inquiry regarding the<br />
allegati<strong>on</strong>.<br />
5. If his detenti<strong>on</strong> is felt absolutely necessary then he must be kept in a ‘special home’ or ‘observati<strong>on</strong> home’ established<br />
for the purpose, pending decisi<strong>on</strong> <strong>on</strong> the allegati<strong>on</strong> against him. The ‘special homes’ must be separate <str<strong>on</strong>g>and</str<strong>on</strong>g> distinct from<br />
the ‘approved homes’ where children in c<strong>on</strong>flict with the law are placed after they are found to have been in breach of<br />
the law.<br />
6. If it is established that she/he is a child then the matter must be adjudicated up<strong>on</strong> by a "Children’s Justice Board/Panel"<br />
<str<strong>on</strong>g>and</str<strong>on</strong>g> the proceedings must be c<strong>on</strong>cluded expeditiously.<br />
7. The child must be given opportunity to be legally represented <str<strong>on</strong>g>and</str<strong>on</strong>g> afforded legal aid for the purpose.<br />
8. In deciding the case finally, the "Board/Panel" must take into account the child’s background <str<strong>on</strong>g>and</str<strong>on</strong>g> other<br />
family/community circumstances, including any report of a Probati<strong>on</strong> Officer or Social Worker.<br />
9. If it is decided that c<strong>on</strong>finement is necessary, then it must be in accordance with the Children Act <str<strong>on</strong>g>and</str<strong>on</strong>g> in an approved<br />
home <str<strong>on</strong>g>and</str<strong>on</strong>g> at any cost NOT IN PRISON (emphasis added)<br />
10. The approved homes must be equipped to provide the necessary educati<strong>on</strong>al <str<strong>on</strong>g>and</str<strong>on</strong>g> vocati<strong>on</strong>al training facilities <str<strong>on</strong>g>and</str<strong>on</strong>g><br />
always with the view to the rehabilitati<strong>on</strong> of the child in the community.<br />
159