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Protection to juveniles - a hollow promise! |
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even after a handful of legislations that have been passed for protection of children in need of care and protection and juveniles in conflict with law.....care and protection has not reached the tender aged in the real sense...!!!!! |
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| Author: Aarshia Behl |
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We talk about providing children of our country with each and every benefit, all sources of development, social values, economic help, disease free environment and in simple words- A GOOD LIFE. But if carefully analysed we will realize that all what we have done and are doing are just for the sake of being done and not actually done. What we call our efforts, are just another way of showing our worry for the society and nothing else. Till today, when already a handful of legislations have been passed for the benefit and welfare of children in India, a clear mismatch between the laws laid down and implementation done can be seen.
When we think of the word “child” as part of the society, the government withdraws itself from its duties; we as individual hardly show any interest or worry for the most important strata of our lives and the future Indians, the laws lack the stringency required for proper functioning of the authorities.
We take notice of a child only when he becomes a social deviant or has come in conflict of law. The authorities established for the welfare of children under the various Acts come into function only when a child turns into a deviant rather than functioning at very beginning by helping those who are likely to give a slip to their parents or well wishers to join the deviant fraternity.
Juvenile justice is one of the several measures taken by the state to attain the vision and objective of the Constitution of India relating to the care and welfare of children. The constitution recognizes the special status of children through articles 15(3), 24, 39(e) and (f), and 45. In pursuance of the constitutional directions, various laws have been enacted which cover a wide range of matters relating to children, for example, adoption, maintenance, guardianship, legitimacy, labour, education, delinquency, etc.
In pursuance of these provisions, the legislature has passed the Juvenile Justice (Care and Protection)Act, 2000 with view of not only protecting juveniles in conflict with law but also those who are in need of care and protection. The Act talks about adopting of friendly approach for the development and welfare of children in our country, so that the children can avoid the long court procedures and can be rehabilitated instead of being penalized for a wrong.
It is still to be realized that protection and justice for children not only means to protect those children who have committed crime but also those who are likely to step in the world of crime. Far-off from the thought of releasing we are still not able to protect those children who have already committed a crime or have been victimized. An analysis of the operations under the different Children Acts and the Juvenile Justice Acts show a wide gap between the theory and the practical implementation and application of the juvenile law in India.
The provisions of the present Act are hardly being implemented the way it should be whether the reason be lack of resources, below standard services and no enforcement behind the laws. The children in the juvenile homes are at times living in most inhuman conditions where protection is a far-off agenda – and the basic requirement of clean environment for a simple living is also denied. Juvenile and protection homes are generally overcrowded leaving no scope of rehabilitation for even a single child. As there are no minimum standards for basic needs and living conditions, the children are easily forced to live life in the worst conditions possible.
There is a marked difference in policy and enforcement. The judicial processes are marked by tension between the protective approach of the Juvenile Justice Act and the traditional approach to dealing with crime. While the higher courts in most cases promote the care-and-protection philosophy of the Juvenile Justice System, there is very little awareness in the lower judiciary about the procedural differences between the trials of accused adults and children.
The government and other authorities have no political pressure on them and moreover, since there is not political interest involved in the children’s welfare and betterment there are no regular checks maintained over the functioning of the juvenile justice system in India. Its only when a social issue regarding the protection of children is raised due to some upcoming national or international social event that authorities function and we realize that something in this aspect needs to be done, but as the issue subsides even we loose impetus of carrying it forward.
Whatever may be the cause behind the non-implementation and improper functioning, this issue has still not met it ends and the children in our country whether directly or indirectly are suffering the same conditions and circumstances both inside of the rehabilitation centres, the jails and as well when they are left outside ignored by each one of us. Children who are poor are more likely to step in the deviant character due to lack of food, education, low economic status etc. Knowing the status of the juvenile justice system in a country like ours it indeed becomes our responsibility as part of our society to protect and lend a helping hand to the future of our country…..
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