JJ Act Contemplates Social Reintegration Of Children In Conflict With Law: Calcutta HC Chief Justice Sivagnanam Stresses On Rehabilitation

“Every child has an inherent potential to grow up and achieve his or her full potential and contribute towards the growth of our country. The juvenile justice Act takes a holistic approach to protecting the rights of children, with proper care, development, treatment, and social reintegration of children in difficult situations, by adopting a child friendly approach. Children are born innocent, but due to multiple reasons many adopt behaviours which are defined as delinquent and sometimes in conflict with law,” said Calcutta High Court Chief Justice T.S. Sivagnanam.

The Chief Justice was speaking at the Multi-Stakeholder Conference on Child in Conflict with Law, organised by the West Bengal Judicial Academy in collaboration with the High Court at Calcutta, and UNICEF.

In emphasising on the child-friendly approach taken by the Indian juvenile justice system by providing a fresh start to children in conflict with law, the Chief Justice addressed the styles of delinquency that may be seen from juvenile offenders and the role of society in addressing it:

“Each of the patterns of delinquency has its own social context and respective treatments. Types are individual, group-supported, organised and situational delinquency. Question is thus, that what should be done. Law enforcement agencies, schools, parents, teachers and community need to understand, prevent and reduce risk factors that may push children towards behaviours that may harm them and society. Enough evidence to prove that if the right method of rehabilitation is adopted, then most children show reform. It has become important to identify risk factors, as is the purpose of this gathering.”

While discussing the importance of addressing issues faced by juveniles who are categorised as children-in-conflict with law, Chief Justice Sivagnanam spoke of the upcoming National level consultation on the same, as well as the role played with Magistrates dealing with cases under the Juvenile Justice Act.

The Chief Justice urged the participants, who included various bureaucrats and minsters of the West Bengal government, as well as several judges, magistrates and members of law enforcement, to make the most of the break-away sessions as the same “formed the core of the state-level consultation.”

In providing the role undertaken by the Juvenile Justice committee of the High Court, the Chief Justice continued:

“The Committee has been proactive and vibrant. More than 1,000 books have been distributed and we are periodically reviewing the possibility of setting up exclusive POCSO courts and as of now three courts are functioning, thirteen are in the pipeline. We have also been monitoring the progress of children’s homes, and today we have seen four beautiful children and we are all presented with wonderful artwork done by them, and it is heartening to know that the JJ committee helps these homes to be maintained and monitored.

The committee is also presented with reports from the district judiciary pertaining to POCSO and adoption cases. The Government should accept that Juvenile justice committee is a part of the system, it is not with a view to act like a headmaster. It is a part of the system, by the operation of law. Whatever suggestion flows from the committee needs to be taken note of by the govt, and needs to be implemented, as they have been proactive with many other suggestions given by our committee.”

Finally, in speaking of the need for experts in being a part of the juvenile rehabilitation process, the Chief Justice concluded:

“Many training programs are being held on sensitisation. In fact, the CJI has been batting for domain experts, so he says that we have commercial courts, special courts for other offences such as CBI cases, etc. Once you have a special court, the judges need to be trained in that branch law. Therefore, all principal magistrates here are considered special judges. I request each one of you to place your opinions so that they can be placed before the committee, and we can carry home new ideas which we will present in the national convention. Government has sanctioned substantial funds for special courts, and I am sure that with their cooperation, we will be successful.”

Other dignitaries at the inaugural session included Justice I.P. Mukherji, Justice Harish Tandon, and Md. Mohiuddin, Chief, UNICEF.