10 months ago
Child Rights Expert Calls for Accountability in India's Juvenile Justice System
Imagine a system meant to help kids who are in trouble or need protection, called the Juvenile Justice System.
A big problem in India is that the people in charge of this system aren't always held responsible when things go wrong.
A lawyer who helps children says that making these officials accountable is the most important step to make the system work better.
He suggests sharing more information about how the system works and checking how well everyone is doing their job.
The Kerala High Court recently gave specific instructions to help their state’s system work better, like filling important job openings faster.
Reforms have also happened, like making a top official in each area responsible for child protection.
A campaign is also running to highlight 10 years of the current law, showing that many people are working to improve how children are cared for and protected.
Child rights expert Anant Kumar Asthana highlights lack of accountability as the primary challenge in India's Juvenile Justice System.
Asthana calls for inducing direct accountability on state authorities to significantly improve the system's performance.
Key proposed measures include systemic identification of violations, proactive information disclosure, and performance appraisals for institutions.
Recent reforms include amendments to the JJ Act in 2021 and making the District Magistrate nodal for JJ Act implementation.
The Kerala High Court recently issued 15 directions to enhance the state's juvenile justice system, providing actionable guidance.
- Who
- Child rights expert Anant Kumar Asthana, Kerala High Court
- What
- Discussion on reforming India's Juvenile Justice system, emphasizing accountability, following directions issued by the Kerala High Court.
- Where
- India (national focus with specific mention of Kerala)
- When
- Recent discussions, referencing Kerala High Court order and JJ Act 2015 amendments from 2021.
- Why
- To address existing flaws and improve the protection of children in conflict with the law by enhancing accountability and systemic efficiency.
Child Rights Expert's View (Anant Kumar Asthana)
Kerala High Court's Directives
Accountability of State Authorities
Child Rights Expert's View (Anant Kumar Asthana)
Lack of accountability on the part of state authorities is the biggest challenge. Inducing direct accountability will significantly improve the system's performance. This includes administrative measures for systemic identification and flagging of violations and fixing accountability.
Kerala High Court's Directives
The court issued 15 specific directions to enhance the juvenile justice system, aiming to improve its functioning and implementation within the state. Key directives include prompt filling of vacancies and improved procedures for reports and inspections.
Role of Institutions and Boards
Child Rights Expert's View (Anant Kumar Asthana)
JJBs, CWCs, Children's Courts, and Child Rights Commissions have a vital role in identifying violations and fixing accountability. Performance appraisals for these bodies are needed, along with child-friendly grievance redressal mechanisms.
Kerala High Court's Directives
The court mandated improved procedures for annual reports, inspections of child care institutions, and social audits, and directed the establishment and review of Special Juvenile Police Units and the designation of Child Welfare Officers.
Cadre and Training
Child Rights Expert's View (Anant Kumar Asthana)
States should conduct cadre reviews, abolish contractual posts, and establish a trained, efficient, and dedicated cadre of child protection functionaries. Child welfare police officers should be exclusive to child protection duties.
Kerala High Court's Directives
The court's directives implicitly aim for better operational standards, which would require adequate and trained personnel, though the specific focus on cadre review and abolishing contractual posts is not explicitly detailed in the provided summary of the court's orders.
Key facts
- Expert Focus
- Juvenile Justice System Reforms and Child Rights
- Primary Challenge Identified
- Lack of accountability from state authorities
- Key Reforms Mentioned
- Amendments to JJ Act (2021), Revised Mission Vatsalya Guidelines, District Magistrate as nodal person
- Proposed Improvements
- Systemic identification of violations, proactive information disclosure, performance appraisals, child-friendly grievance redressal
- Initiative Mentioned
- 10 Years of JJ Act 2015: 100 Days Campaign on Juvenile Justice
- Kerala High Court Action
- Issued 15 directions to improve the state's juvenile justice system
Quotes
Anant Kumar Asthana
juvenile justice expert and child rights lawyer
“The following measures needs to be taken: 1. Administrative measures should be put in place for systemic identification and flagging of violations and for fixing accountability. 2. Proactive disclosure of maximum possible information on functioning of various juvenile justice institutions in public domain and on government websites. 3. Processes and Systems for performance appraisals of JJBs, CWCs, Children Courts, DCPUs, Police and Probation Officers should be created and implemented. 4. In each institution and judicial bodies for children like JJB, CWC and Children Courts, there should be child friendly, risk free and accessible measures, practices and processes for children who are to be beneficiaries of the JJ Act to register their grievances and to articulate their voice.”
indianexpress.com
“Since children are not a voter in a democracy and the Juvenile Justice System is created to deliver rights of children, lack of accountability on the part of state authorities responsible for implementing the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is the single biggest challenge in these times.”
indianexpress.com
