Orissa High Court Holds State Level Consultation On Effective Implementation Of Juvenile Justice Act

To introspect and explore the effective ways for proper implementation of the Juvenile Justice (Care and Protection) Act, 2015 and to engage with various stakeholders from the grassroot level to the top-most level, a State Level Consultation was organized by the Department of Women and Child Development, Government of Odisha and the UNICEF under the aegis of the Orissa High Court in the auditorium of the Odisha Judicial Academy, Cuttack.

Inaugural Program

The meeting was inaugurated in virtual mode on Saturday by Justice Subhasis Talapatra, Chief Justice, Orissa High Court in the presence of Justice Debabrata Dash, Chairperson, Juvenile Justice Committee, Orissa High Court, Judges of the High Court and Mr. William Hanlon Jr, Chief of Field Office for Odisha, UNICEF.

In the inaugural session Justice Debabrata Dash, while delivering the welcome address said, that regular discussions and deliberations among the stakeholders and authorities under the statute are quite essential for effectively achieving the goals that are provided under the Act and the consultation assumes a huge significance as the most vital grassroot stakeholders are invited to come together and deliberate upon the pros and cons of the system.

William Hanlon Jr, Chief of Field Office for Odisha, UNICEF emphasized on the need of diversion from traditional methods and discussed on prevention, non-custodial alternatives, rehabilitation and restorative practices and right of children to fair trial. He stressed upon the need of counselling and psycho-social support to the deprived children and said UNICEF is committed to the cause of child care.

Speaking on the occasion Mr. Keshav Kumar, IPS (Retd.) shared his experience as a police officer in cases involving children in conflict with law. Smt. Mandakinee Kar, Chairperson of Odisha State Commission for Protection of Child Rights informed the role of State Commission in effective implementation of the Juvenile Justice Legislation.

Speaking on the occasion, Chief Justice Subhasis Talapatra flagged the issue of care and justice to children in conflict with law. He deprecated the practice of interrogation in cases involving children in conflict with law and said instead of interrogation, the investigating agencies should have conversation with the children.

The Chief Justice urged the Judicial Officers and the functionaries under the Juvenile Justice Act to be sensitive in dealing with the children. He stressed on the need of homely environment for the children in conflict with law instead of custodial measures.

Extending vote of thanks Justice Sangam Kumar Sahoo, Judge, High Court and Member, Juvenile Justice Committee said we need to nurture the children with utmost care for a better society.

The Consultation was attended by the Principal Magistrates of Juvenile Justice Boards (JJBs), Secretaries of District Legal Services Authorities, representatives of Special Juvenile Police Units (SJPUs), the District Child Protection Officers (DCPOs) and Superintendents of Observation Homes, OSCPS, representatives of W & CD and UNICEF, NGOs and members from Civil Society Organizations.

Technical & Valedictory Sessions

The first technical session was chaired by Justice Savitri Ratho. The theme for the session was ‘preventing children from getting in conflict with law’. Mr. Manna Biswas, Child Protection Specialist discussed on the facts leading the children to come in conflict with law and the importance of prevention and intervention reducing recidivism among children.

Smt. Shyni S, I.G.P (Training), Biju Patnaik State Police Academy, Odisha spoke about the collective approaches in prevention of crimes and the role of training institutions and academies for the duty bearers. Mr. Lingraj Panda, Director, ICDS, Department of W & CD, Government of Odisha shared the experience of Odisha in preventing children from coming in conflict with law and the recent initiatives taken in that direction and also reflected on the challenges.

The second technical session was chaired by Justice Sangam Kumar Sahoo. The theme for the session was ‘diversion, alternatives to detention and non-custodial alternatives’. Ms. Nimisha Srivastava, Country Director, Counsel to Secure Justice discussed on the current initiatives in dealing with the issues relating to juveniles. Mr. Shefeen Ahamed K, IG of Police, CID-CB, Odisha, Cuttack reflected on the possible alternatives to detention of juveniles in conflict with law.

The third technical session was chaired by Justice Aditya Kumar Mohapatra. The session focussed on the theme of ‘right to fair trial and child-friendly procedure’. Dr. Kalpana Purushothaman, Adjunct Prof. at IIPR & Member, JJB, Bangalore discussed on the need of child friendly JJBs and their role in rehabilitation and prevention programmes. Mr. Keshav Kumar, IPS (Retd.) discussed on the methods of investigation with regard to children, the ideal manner of interaction with them and use of scientific tools in investigation. Mr. Sudipta Acharya, Member Secretary, Odisha State Legal Services Authority (OSLSA) informed about the legal-aid provisions for children in conflict with law in Odisha and shared the experiences and challenges.

The fourth technical session, which was based on the theme ‘minimum age of criminal responsibility’, was chaired by Justice Murahari Sri Raman. Dr. Kalpana Purushothaman, Adjunct Prof. at IIPR & Member, JJB, Bangalore and Mr. Shyam Sundar Dash, Director of Public Prosecutions discussed on the legal provisions regarding minimum age of criminal responsibility and spoke about preliminary assessment regarding age of criminal majority provided under the statute.

The fifth technical session chaired by Mr. Manna Biswas, Child Protection Specialist. The session revolved around the theme ‘rehabilitation and restorative practices’. Ms. Nimisha Srivastava, Country Director, Counsel to Secure Justice reflected on the rehabilitation and restorative practices in various parts of the world. Ms. Sachi Maniar, Ashiyana Foundation shared the experience of her NGO and other child care institutions in dealing with rehabilitation and restoration. Mr. Lingraj Panda, Director, ICDS, Department of W & CD, Government of Odisha shared the experience of Odisha in rehabilitation of children in conflict with law and also reflected the challenges and the way forward.

The Consultation program ended with a Valedictory Session where Justice Sangam Kumar Sahoo made the concluding remarks on the deliberations made by various speakers and stakeholders.