HC asks govt to facilitate fair trails of ‘children in conflict with law’
Srinagar, Oct 08: Observing that the children in conflict with law are not being provided a fair trial in Jammu and Kashmir, the High Court today directed the authorities to put an end to the problem and provide necessary manpower to institutions meant for the purpose.
A division bench of the J&K High Court including Chief Justice Gita Mittal and Justice Alok Aradhe during proceedings in a petition about the loss of childhood by Kashmiri juveniles in jails and detention centers observed that the trial of these children in conflict region is hampered.
This should not have happened in ordinary course as the children in conflict with law are not being given proper and fair trial, said the court directing that this sorry state of affairs on part of the authorities shall not continue in future.
The bench directed the authorities to provide necessary manpower to the recently established Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) without further delay.
The court said that cosmetic compliance without following the basic mandate of discharging duties on ground should not be continued further. You have to have intervention as these children need special care; the court told the counsel representing the state.
In-terms of Section 61 of the Juvenile Justice (Care and Protection of Child) Act, 2013 read with Rule 82 of the Rules of 2014, Special Juvenile Police Units have to be created by the police authorities.
In this regard the court was informed by the official attorney that these units have been set up by the concerned agency.
On this the court directed the authorities to file a status report before the registry.
CWCs and JJBs have already been established in all the 22 districts of the State.
The court has already been complained about several juveniles in J&K languishing in jails and detention centers and that they are in need of legal aid on emergency basis.