Human Right Violations against Children
Keywords:
Adulthood, bailable offences, delinquent, juvenile, juvenile justiceAbstract
The philosophy behind juvenile justice is that a delinquent juvenile is not a criminal but he is a person who needs care, affection and support. For a child in conflict with law either degeneration or rehabilitation may happen, depending on the care he gets from the society. He must get the benefit of humanized procedure and homely atmosphere in the police station. He has to realize his faults and correct himself. For that, a typical psychological environment has to be created. Where a juvenile delinquent is arrested, he/she has to be produced before a juvenile court and if no juvenile court is established for the area, the court of sessions will have powers of a juvenile court. The atrocious bail system acts as much baneful to the adults as to the children. Therefore, if we are really concerned about the maintenance and preservation of basic freedoms, we should move towards humanization of the bail system.
References
1. Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act 2000. Section 2(b) of the J uvenile Justice Act 1986, defines a juvenile as a boy who has not attained the age of sixteen years or as a girl, who has not attained the age of eighteen years.
2. Paras Diwan , Peeyushi Diwan. Children and Legal Protection. New Delhi: Deep and Deep Publication; 1994. p. 233.
3. Police Student Interaction Programme . Torture Prevention Centre India (Top Centre India) . Monthly Newsletter. July 2004. p. 2.
4. Article 14(4) of the International Covenant on Civil and Political Rights provides that, ‘in the case of juveni le persons, the procedure (determining a criminal charge) shall be such as will take account of their age and the desirability of promoting their rehabilitation’. For details see, Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, 26 Aug. – 6 Sep. 1985, United Nations, New York, 1986 at pp. 89–91; see also, Compendium of United Nations Standards and Forms in Crime Prevention and Criminal Justice, United Nations publication (Special 50th Anniversary Issue) (Sales No. E.92 IV. 1).
5. Adopted by General Assembly resolution 40/33 of 29 Dec. 1985 (hereinafter referred to as the ‘Beijing Rules’), on the recommendation of the Seventh Congress.
6. Rule 10.1: Upon the apprehension of a juvenile, his or her parents or guar dian shall be immediately notified of such apprehension, and, where such immediate notification is not possible, the parents or guardian shall be notified within the shortest possible time thereafter, See, “Juvenile Justice and the Implementation of the Un ited Nations Standard Minimum Rules for the Administration of Juvenile Justice”, International Review of Criminal Policy, No. 43 -44 (1994) United Nations publication (Sales No.E.94.IV.5). JHRLP (2020) 46–51 © Law Journals 2020. All Rights Reserved Page 51
7. Rule 10.2: A judge or other competent official or body shall, withou t delay, consider the issue of release, Ibid.
8. Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 Nov. 1989).
9. Adopted by General Assembly resolution 45/113 of 14 Dec. 1990; Compilation, Vol. I, p. 275 (he reinafter referred to as the ‘Rules for the Protection of Juveniles’)
10. United Nations Rules for the Protection of Juveniles Deprived of their Liberty; Adopted by General Assembly resolution 45/113 of 14 Dec. 1990 (hereinafter referred to as the ‘Rules for the Protection of Juveniles’).
11. Adopted by General Assembly resolution 45/112 of the 14 Dec. 1990 (hereinafter referred to as the ‘Riyadh Guidelines’).
12. Paras Diwan , Peeyushi Diwan. Children and Legal Protection. 1994. p. 234.
13. Juvenile Justice (Care and Prot ection of Children) Act 2000, Section 23 reads: “Whoever, having the actual charge of or control over, a juvenile or the child, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.”
14. Juvenile Justice (Care and Protection of Children) Act, Sec. 12(2) reads: “When such person having been arrested is not released on bail by the officer in charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a board.”
15. James Vadackumchery . Human Rights and the Police in India. 1996. p. 22.
16. Rule 47 of the Kerala Juvenile Justice (Care and Protection of Children) Rules 2003 provides: “No juvenile/child dealt with under the provisions of the Act or Rules shall be hand-cuffed or fettered.”
17. Code of Criminal Procedure, proviso to Sec.160 (1) reads: “A person below fifteen years of age, or woman shall not be required to attend any place other than the place in which such person or woman resides.”
18. Glimpses of Human Rights. M. Ponnaian, Panch. Ramalingam, Rani Ponnaian (Ed). 1999. p. 179.
19. Aparna Srivastava . Role of Police in a Changing Society. 1999. p. 98. Interaction with the children in many of juvenile homes in Kerala affirms this finding.
20. Aparna Srivastava. Role of Police in a Changing Society. 1999. p. 100.
21. Munna v. State of U.P., A.I.R. 1982 S.C. 806.
22. Alphonse L Earayil, James Vadackumchery. Police and the Society . 1985. p. 8.
23. Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12(1) reads: “When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedur es, 1973 or in any other law for the time being in force, be released on bail with or without surety…”
24. A.I.R. 1984 S.C 237, p. 238. Cite this Article Mini Paul. Human Right Violations against Children. Journal of Human Rights Law and Practice. 2020; 3(2): 46–51p.
