December 18, 2018

Child in need of care and protection

Since the nation’s future depends upon children, they deserve sympathy and compassion: A noble laureate Gabriel has long ago noted:
“We are guilty of many errors and many faults
but our worst crime is abandoning the children,
neglecting the foundation of life many of the things
we can wait the child cant , right is the time his bones
are being formed, his blood is being made and his senses
are being developed to him we can’t answer tomorrow his name is today “
The young male generation are prone to crime and delinquency because their childish impulsiveness. Propensity of crime in them is at maximum, it’s the age were in patience and strength reach to their high, reason has not acquired control to master their influence a need arises to make modalities to engage in a process to regulate their behaviour.
In Jammu &Kashmir we have j&k Juvenile Justice (care and protection of children) Act 2013. This Act was passed by legislature this act provides mechanism how to deal with the child in need of care and protection and juvenile in conflict with law its pertinent to note that this act has drawn a distinction between former and latter. According to section clause of the said act “child in need of care and protection is found with out any home or settled place or who is found begging according to clause to section 2 (n) juvenile in conflict with law is one who is alleged to have committed an offence and has not completed 18 years of age.
Despite having the act, the situation is grim and reprehensible particularly in Kashmir below the age of 18 years are not dealt with provisions of the said act children who are found in stone pelting are subjected to PSA and other draconian laws. The point I want to emphasize is that the act is not implanted in letter and sprite. The recent amendment bill 2018 which is an attempt to bring the act at par with the central act i.e. discussions were going on to reduce the age of juvenility from 18 to 16 its need less to discuss for me here, the need of hour is to give a practical shape to the act so as to have a good future for our children.
As per the data collected by juvenile justice board Srinagar, the total number of registered cases against children under RPC and special law in state are 1954 in number this reflects a grave situation and needs an immediate attention from the concerned authorities. The issue of juvenility is sensitive one and needs a proper care in a proper manner. Children below the stated age should not be put in to jails which affects their career and make them hardened criminals. Since the nation’s future depends upon children, they deserve sympathy and compassion. A child is born no set and if nourished with tender care and attention he are she will blossom with faculties.

(The author is a lawyer by profession. Views are his own)

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