Justice Juvenile Board

Children below the age of maturity (18) are technically called juvenile. On the basis of their age law treats them separately for conviction.  J&K State had enacted the Juvenile Justice (Care and Protection) Act in 2013, which stipulates constituting Justice Juvenile Board. Despite lapse of three years, and a tacit commitment by the Minister in charge of Social Welfare Department on the floor of the Legislative Council in June last that within a couple of months the Board would be constituted, the matter remains in limbo till date.
Before proceeding in the matter, we should know the underlying idea for having the Juvenile Justice Act. The purpose of a separate court is that its purpose is socio-legal rehabilitation and reformation not punishment. The aim is to hold a child culpable for their criminal activity, not through punishment, but counselling the child to understand their actions and persuade them away from criminal activities in the future, is what the Child Line — a project sponsored by Ministry of Women and Child Development– states.
Since J&K  has not so far constituted the JJB, therefore,  the juveniles in  the State are produced before the regular criminal courts.  In the background of the unrest in Kashmir valley this summer,  we are told that hundreds of juvenile have been booked under regular First Information Reports (FIRs) and scores of them have been detained in police stations and district jails. At least a dozen juveniles have already been booked under Public Safety Act (PSA). Had the JJB been constituted and made functional, all these people now brought to regular courts for hearing of their cases would not to have to come to the court but would be handled by the Board. Obviously, delaying the constituting of JJB has the dimension of violation of human rights or to be precise the children’s rights as set forth in the Human  Rights Charter. The State High Court while observing that Juvenile Justice Act was not implemented on ground in the State had asked the Government to constitute Juvenile Justice Boards by February 2, 2016. It had urged the Government to implement provisions of Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013 so that the Act serves the purpose for which it has been framed.
Juveniles are not to be taken as enemies of the society or the state. They are misguided and misled youth who cannot think independently. Their lack of knowledge and exposure or their confinement to very narrow social circle deprive them of understanding the facts and ground situation of an instance of conflict. Their minds are fresh and accept the first impressions which, if wrong or motivated, makes them aberrant. The purpose of the JJB is essentially to treat them as misguided youth that are not inherently anti-social and need to be given chance for correcting themselves.
It is, therefore, the need of society to rehabilitate the juvenile, wean them away from wrong thinking and wrong approach and make them valuable citizens. What is needed is to divert their energy and potential towards creative activity and not to tarnish them by applying some negative label to their names.

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