SC tells HCs to come to rescue of children
The Supreme Court on Friday asked the High Court Chief Justices to play proactive role in the welfare of children in their respective states and suo motu register proceedings on its own motion for effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and set up childfriendly an vulnerable witness courts in each district.
Listing the matter on March 13 for directions after obtaining the High Courts’ response, it issued 17 directives to various authorities, including the state governments and police, in the Act’s implementation, stressing that children are the future of the country and as such the country’s future is at stake if they are not looked after.
The Bench of Justices Madan B Lokur and Deepak Gupta also quoted Nelson Mandela: “Our children are our greatest treasure. They are our future. Those who abuse them tear at the fabric of ou society and weaken our nation.”
It bluntly told the policy and decision makers that “they are not doing any favour to the children by caring for them--it is their constitutional obligation and the social justice laws enacted by Parliament need to be effectively and meaningfully enforced.”
In a 62-page judgment on a PIL filed in 2005 by Sampurna Behura, a PhD student in sociology on the plight of children, for effective implementation of the Juvenile Justice Act of 2000, the Court said that Act has been repealed and replaced by the 2015 Act but it “does not at all change the sum and substance of the reliefs claimed in the PIL.”
Recording its appreciation for the lady highlighting the issues in her PIL, the Court hailed the lawyers appearing for parties in “not making this an adversarial proceedings, but a constructive effort for the benefit of the children of our country.
Citing traumatic experience of juvenile accused and victims of sexual offence, it asked the courts to have some compassion towards “juveniles in conflict with law since they are entitled to the presumption of innocence.” It said establishing child friendly and vulnerable witness courts is “perhaps one manner in which the justice delivery system can respond to each their pain and suffering.” It said such courts can be also used for trials in which adult women are victims of sexual offences “since they too are often traumatised by the not so friendly setting and environment in our courts. “No one has any doubt that it is time for the State to strongly and proactively acknowledge that even children in our country have fundamental rights and human rights and they need to be enforced equally strongly.
“Inquiries under the JJ Act and trials under other statutes such as the Protection of Children from Sexual Offences Act, 2012, the Prohibition of Child Marriage Act, 2006, trials for sexual offences under the Indian Penal Code and other similar laws require to be conducted with a high degree of sensitivity, care and empathy for the victim.” The Bench also asked the police to set up meaningful special juvenile police units and appoint child welfare police officers in terms of the JJ Act “at the earliest and not only on paper” and identify clearly their duties and responsibilities.