Central Law lays thrust on creation of Juvenile Justice Fund
7 yrs RI for use of juveniles by militant groups, other outfits
Mohinder Verma
JAMMU, Sept 7: Cruelty towards children and their exploitation in any form will invite harsher punishment from November 1, 2019 onwards as the Central Law, which will replace Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, has more stringent provisions to provide justice to the children in need of care and protection.
Most importantly, the Central Law prescribes seven years Rigorous Imprisonment for use of juveniles by militant groups and other outfits for any purpose, the practice which has assumed alarming proportion particularly in the Kashmir valley where children are being exploited in carrying out nefarious activities.
As per the Jammu and Kashmir State Reorganization Act, 2019, which was passed by the Parliament early last month, the J&K Juvenile Justice (Care and Protection of Children) Act, 2013 will get repealed on November 1, 2019 and the Juvenile Justice (Care and Protection of Children) Act passed by the Parliament in 2015 will become applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
The extension of Central Law will go a long way in checking cruelty towards children and their exploitation in any form as Juvenile Justice (Care and Protection of Children) Act, 2015 has more stringent provisions as compared to the State Law.
As per the State Act, whoever having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to one year or fine or with both. But amount of fine has not been defined in the Act.
However, the Central Act prescribes imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both. The Central Act has gone beyond this by mentioning that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with Rigorous Imprisonment which may extend to five years and fine which may extend to five lakh rupees.
As far as employment of juvenile or child for begging is concerned, the State Act prescribes imprisonment for a term which may extend to three years and also fine. But, the Central Act states: “Whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupee”.
The Central Act further mentions that whoever having the actual charge of child abets the commission of an offence of employing the child for begging shall be punishable with the same imprisonment.
About penalty for giving intoxicating liquor or narcotic drugs or psychotropic substances to juvenile or child, the State Act prescribes imprisonment for a term which may extend to three years. Even on this aspect the Central Law is more stringent as it prescribes Rigorous Imprisonment for a term which may extend to seven years and fine which may extend up to one lakh rupees.
As far as exploitation of a child employee is concerned, the Central Act states: “Whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earnings for his own purposes shall be punishable with Rigorous Imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupee”. However, State Act prescribes only simple imprisonment for a term which may extend to merely three years.
The Central Act further states that any non-State, self-styled militant group or outfit declared as such by the Central Government, if recruits or uses any child for any purpose, shall be liable for Rigorous Imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees. However, there is no such provision in the State Act.
“This provision will be of immense help especially in Kashmir valley where use of juveniles for carrying out anti-national activities particularly in stone-pelting on the armed forces has assumed alarming proportion during the past some years”, legal experts said.
The Central Act also lays thrust on creation of Juvenile Justice Fund. “The State Government may create a fund in such name as it thinks fit for the welfare and rehabilitation of the children dealt with under this Act”, the Central Law reads.
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