'Children In Conflict With Law Can & Should Be Reformed': Justice Ravindra Bhat Flags Vacancies In Child Care Institutions

Justice Ravindra Bhat, while delivering her address at the Inaugural session of the National Annual Stakeholders Consultation on Children in Conflict with Law, asserted that in a fast-paced and rapidly evolving world, we must, as individuals, citizens, and duty-bearers leverage knowledge, technology and social resources to identify vulnerabilities and mitigating them in our joint endeavor to prevent children from coming into conflict with the law. He also highlighted that the underpinning belief of justice for children is that they can and should be reformed, and thus, reformation must be the primary driver of all decisions taken for them.

This year’s consultation focused on Children in Conflict with Law: Prevention, Restorative Justice, Diversion and Alternatives to Detention.

Inter-alia, the inaugural Session of the Consultation was graced by Smriti Zubin Irani, Minister of Women and Child Development Justice Ravindra Bhat, Judge and Chairperson of the Juvenile Justice Committee, Supreme Court, Justice B. V. Nagarathna, Judge, Supreme Court, and Ms. Cynthia McCaffrey, Representative, UNICEF India.

At the outset, Justice Bhat, while addressing the above dignitaries, stated that our common concern and commitment to all is development, rehabilitation, and reintegration, and these unities our efforts in this annual meeting. Similarly, like other laws, the Commissions for Protection of Child Rights Act is part of this ecosystem. It establishes oversight to ensure the rights of children in difficult circumstances.

Justice Bhat also talked about Mission Vatsalya, which is focused on the protection and welfare of children. It lays down the implementation procedures and mechanism, financing them through various central and state resources to be able to fulfill these commitments. This has enabled States to establish juvenile justice boards and child welfare committees in every district as statutory bodies that enquire into the situation of children in conflict and pass orders that lay primacy on rehabilitation and social integration of children.

He also mentioned that States have established special and child-friendly courts and have empaneled legal aid lawyers under the direction of the National Legal Services Authority. District child protection units and state child protection societies have, over the past decade, improved the scope and quality of their services. However, he highlighted that given that most of these institutions are under-strength, this can hinder their ability to function effectively and could potentially lead to a system breakdown.

“Yet one aspect I want to highlight…every institution, whether it is the juvenile justice board or child welfare committees or any such institutions are running below their strength. In the sense that most of them have a large number of vacancies, and these are debilitating and paralyze the system. Without full strength of the child welfare committee or the appropriate available Coram, the committee is unable to function…if these committees are not functioning throughout, I think there will be a breakdown of system.”

He went on to say that institutions are a last resort, and there must be, as far as possible, an interim measure in keeping with the child’s best interest as well as adherence to the law. Justice Bhat also emphasized the need to encourage group counseling and community services in judgments dealing with children in conflict with the law. In all cases, children released on probation are likely to be placed back with family. Further, while a child is in the institution, efforts must be undertaken to facilitate education, counseling, sports, and life-skills education. “Much would depend on the kind of education capsule a child is given. Sometimes, you have children staying (in institutions) over only for six months or a year… much depends on the learning ability of child and the gaps that child has faced….that is one challenge, and every state has to look into it. At the national level, we would coordinate with the states and come out with some central program or guidance, and yet this is for the states to ensure that this is monitored and implemented.”

Moving forward, Justice Bhat discussed the difficulties faced by children once they come out of care institutions. “..after they come out of them, we don’t know how they are taken care of… I am told that some financial assistance is given. I think it is our duty to ensure that whatever resources are available, information about these are disseminated in the widest possible manner.”

Further, due to their dependent status, children are most vulnerable when they come in contact with the justice system, either as children in conflict with the law or as children in need of care and protection. A child who has come in contact with conflict with the law is a child who continues to be in difficult circumstances. He also highlighted that it is imperative for us to prioritize a prevention approach. In the transition from being stakeholders to shareholders in the care and protection of all children, especially the most vulnerable, prevention of child offending must receive the utmost attention.

At the end of the address, he stated that prevention from an administration point of view is more difficult to quantify and, therefore, monitor or even assess. Thus, a multi-stake approach remains crucial for all of us to achieve the objectives set out under the Juvenile Justice (Care and Protection of Children) Act, 2015, and realize the principles in the best interest of child i.e, participation, restoration, a fresh start, non-discrimination, and positive measures.

The video of the event can be seen here.