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Role of Para Legal Volunteers under Juvenile Justice Act, 2015

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Role of Para Legal Volunteers under Juvenile Justice Act, 2015

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Role of Para Legal Volunteers under Juvenile Justice Act, 2015

  1. 1. Associate Professor of LawAssociate Professor of Law Dr. KALPESHKUMAR L. GUPTADr. KALPESHKUMAR L. GUPTA Two days workshop on Paralegal Volunteers for Strengthening Child Protection Systems & Services organised byorganised by at on May 25-26, 2019 www.klgupta.inwww.klgupta.in 1
  2. 2. Agenda :- 1.Introduction 2.Integrated Child Protection Scheme (ICPS), 2009 3.NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015 4.The Juvenile Justice Act (Care & Protection of Children) Act, 2015 5.Case Study 6.Q & A, Discussion, Exercise 2
  3. 3. Agenda :- 1.Introduction 2.Integrated Child Protection Scheme (ICPS), 2009 3.NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015 4.The Juvenile Justice Act (Care & Protection of Children) Act, 2015 5.Case Study 6.Q & A, Discussion, Exercise 3
  4. 4. GOVT. MACHINERY GOVT. MACHINERY PLVsPLVs CHILDRENCHILDREN 4
  5. 5. Introduction “It cannot be questioned that children are amongst the most vulnerable sections in any society. They represent almost one-third of the world’s population and unless they are provided with proper opportunities, the opportunity of making them grow into responsible citizens to tomorrow will slip out of the hands of present generations..” https://nalsa.gov.in/ 5
  6. 6. Introduction Salil Bali v/s. Union of India & Anr (SC 2013) It is our obligation to the young generation to open up all opportunities including the legal services for every child to unfold its personality and rise to its full stature, physical, mental, moral and spiritual. https://nalsa.gov.in/ 6
  7. 7. International Commitments - While adopting the declaration of the rights of the child on 20th Nov 1959, the General Assembly of the UN laid down 10 principles designed to enable children, irrespective of race, colour, sex, language, religion or origin, to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. 7
  8. 8. International Commitments The Declaration of the Rights of the Child lays down ten principles 1. The right to equality, without distinction on account of race, religion or national origin. 2. The right to special protection for the child’s physical, mental and social development. 3. The right to a name and a nationality. 4. The right to adequate nutrition, housing and medical services. 5. The right to special education and treatment when a child is physically or mentally handicapped. 6. The right to understanding and love by parents and society. 7. The right to recreational activities and free education. 8. The right to be among the first to receive relief in all circumstances. 9. The right to protection against all forms of neglect, cruelty and exploitation. 10. The right to be brought up in a spirit of understanding, tolerance, friendship among peoples, and universal brotherhood.   8
  9. 9. International Commitments - The UN standard minimum rules for the administration of Juvenile Justice (The Beijing Rules 1985) call on states to ensure that throughout the proceedings the Juvenile shall have the right to be represented by a Legal Advisor or to apply for free legal aid where there is provision for such aid in the country. 9
  10. 10. International Commitments -The UN Conventions on the Rights of the Child (UNCRC) is a comprehensive, internationally binding agreement on the rights of children, adopted by the UN General Assembly in 1989. -The purpose of the UNCRC is to outline the basic human rights that should be afforded to children. -There are four broad classification of these rights. There four categories cover all civil, political, social, economic and cultural rights of every child. 10
  11. 11. Constitutional Assurance Article 14 Article 15(3) Article 21 Article 21(A) Article 22 Article 23(1) Article 24 Article 29(2) Article 39(e) Article 39(f) Article 45 Article 47 Article 51A(k) 11
  12. 12. Other Legislations 1. The Guardian & Wards Act, 1890 2. The Child Labour (Prohibition & Regulation) Act 1986 3. The Pre-Natal Diagnostic Techniques (Regulations & Preventions of Misuse) Act, 1994 4. Juvenile Justice (Care & Protection of Children) Act, 2000 5. The Commission for Protection of Child Rights Act, 2005 6. The Prohibition of Child Marriage Act, 2006 7. The Right of Children to Free & Compulsory Education Act, 2009 8. The Protection of Children from Sexual Offences Act, 2012 12
  13. 13. Entitlement to Legal Services Children are the beneficiaries of legal services under the Legal Services Authorities Act, 1987 13
  14. 14. Agenda :- 1.Introduction 2.Integrated Child Protection Scheme (ICPS), 2009 3.NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015 4.The Juvenile Justice Act (Care & Protection of Children) Act, 2015 5.Case Study 6.Q & A, Discussion, Exercise 14
  15. 15. Integrated Child Protection Scheme (ICPS) A Centrally Sponsored Scheme of Govt. – Civil Society Partnership -Launched in 2009 by Ministry of Women & Child Development in partnership with the state govt./ UT. -It has strengthened prevention of child rights violation, enhanced infrastructure for protection services, provided financial support for implementation of Juvenile Justice Act -Implemented as a Govt. – Civil Society Partnership under the overarching direction and responsibility of the Central & State Govts. 15
  16. 16. Integrated Child Protection Scheme (ICPS) A Centrally Sponsored Scheme of Govt. – Civil Society Partnership Approaches -Prevention -Promotion of family based care -Financing -Integrated service provision – range of services -Community based service delivery -Decentralization and flexibility to focus on local need -Partnership Building & Community Empowerment -Quality Care, standard for care and protection -Building Capacity -Monitoring & Evaluation 16
  17. 17. Integrated Child Protection Scheme (ICPS) A Centrally Sponsored Scheme of Govt. – Civil Society Partnership Service Delivery Structure -State Child Protection Society -District Child Protection Units 17
  18. 18. Integrated Child Protection Scheme (ICPS) A Centrally Sponsored Scheme of Govt. – Civil Society Partnership Structure of State Child Protection Society 18
  19. 19. Integrated Child Protection Scheme (ICPS) A Centrally Sponsored Scheme of Govt. – Civil Society Partnership Structure of District Child Protection Unit (DCPU) 19
  20. 20. Agenda :- 1.Introduction 2.Integrated Child Protection Scheme (ICPS), 2009 3.NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015 4.The Juvenile Justice Act (Care & Protection of Children) Act, 2015 5.Case Study 6.Q & A, Discussion, Exercise 20
  21. 21. 21
  22. 22. NALSA (Child Friendly Legal Services to Children & Their Protection) Scheme, 2015 Objectives - Outline Basic rights for children - Legal representation to children - To strengthen legal services institutional care, counseling & support services - Create an environment in juvenile justice system - To enhance capacity at all levels, of all functionaries including PLV, Panel Lawyers, Counsellors, Service providers, NGOs, local bodies, judiciary - To ensure that mandatory authorities and institutions like JJBs, CWC, observation, shelter homes etc. under various child friendly legislation been set up. https://nalsa.gov.in/sites/default/files/document/Child%20Friendly%20Legal%20Services%20to %20Children%20and%20their%20Protection.pdf 22
  23. 23. NALSA (Child Friendly Legal Services to Children & Their Protection) Scheme, 2015 Objectives - To have database of all the existing central or state schemes, policies, regulations, SOPs, police directives, conventions, rules, declaration, comments and reports etc. available for child welfare and protection - To undertake research and documentation to study the various schemes, laws etc. to find out the gaps and then to make suggestions to appropriate authorities. https://nalsa.gov.in/sites/default/files/document/Child%20Friendly%20Legal%20Services%20to %20Children%20and%20their%20Protection.pdf 23
  24. 24. NALSA (Child Friendly Legal Services to Children & Their Protection) Scheme, 2015 Legal Services Clinics -SLSA shall set up Legal Services Clinic at every Juvenile Justice Board and Child Welfare Committee in each district in the state -PLV’s shall be deputed in such clinics -Legal Services Clinics so established shall be governed by the NALSA (Legal Aid Clinics) Regulation 2011. https://nalsa.gov.in/sites/default/files/document/Child%20Friendly%20Legal%20Services%20to %20Children%20and%20their%20Protection.pdf 24
  25. 25. NALSA (Child Friendly Legal Services to Children & Their Protection) Scheme, 2015 Training & Orientation Programme -All SLSA shall strictly adhere to various guidelines already issued by NALSA. -For stakeholders Legal Awareness - Great role of PLVs https://nalsa.gov.in/sites/default/files/document/Child%20Friendly%20Legal%20Services%20to %20Children%20and%20their%20Protection.pdf 25
  26. 26. NALSA (Child Friendly Legal Services to Children & Their Protection) Scheme, 2015 Database All SLSA shall have database of all the existing central or state schemes, policies, regulations, SOPs, police directives, conventions, rules, declarations, comments and reports etc. available for child welfare and protection so that same may be used as and when required for legal awareness and for providing legal services to the juveniles. https://nalsa.gov.in/sites/default/files/document/Child%20Friendly%20Legal%20Services%20to %20Children%20and%20their%20Protection.pdf 26
  27. 27. Agenda :- 1.Introduction 2.Integrated Child Protection Scheme (ICPS), 2009 3.NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015 4.The Juvenile Justice Act (Care & Protection of Children) Act, 2015 5.Case Study 6.Q & A, Discussion, Exercise 27
  28. 28. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto. 28
  29. 29. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements 2(12) “child” means a person who has not completed eighteen years of age; 2(13) “child in conflict with law” means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence; 2(14) “child in need of care and protection” means a child homeless, working contravention of labour laws, mentally/physically challenged, abandoned, missing, likely to be abused, victim of circumstances etc. 29
  30. 30. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Chapter 1 – Preliminary Chapter 2 – General principles of care and protection of children Chapter 3 – Juvenile Justice Board Chapter 4 – Procedure in relation to children in conflict with law Chapter 5 – Child Welfare Committee Chapter 6 – Procedure in relation to children in need of care and protection Chapter 7 – Rehabilitation & Social Re-intergration Chapter 8 – Adoption Chapter 9 – Other offences against children Chapter 10 - Miscellaneous 30
  31. 31. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Section 3 – General principles to be followed in administration of act -Principle of presumption of innocence -Principle of dignity and worth -Principle of participation -Principle of best interest -Principle of family responsibility -Principle of safety -Positive measures -Principle of non-stigamtising semantics -Principle of equality -Principle of right to privacy -Principle of institutionalization as a measure of last resort -Principle of repatriation and restoration -Principle of fresh start -Principle of natural justice 31
  32. 32. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Juvenile Justice Board (Sec. 4) Child Welfare Committee (Sec. 27) State Child Protection Society & Dist. Child Protection Unit (Sec. 106) Child Welfare Police Officers & Special Juvenile Police Unit (Sec. 107) Child Care Institutions (2(21) Children Home (Sec. 50), Open shelter (Sec. 43), Observation home (Sec. 47), Special home (Sec. 48), Place of safety (Sec. 49), Specialised Adoption Agency (Sec. 65) Fit facility (Sec. 51) 32
  33. 33. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Section 4 – Juvenile Justice Board -State Govt. shall constitute for every district, one or more juvenile justice boards for exercising the powers and discharging its functions relating to children in conflict with law under this act -Board will have Metropolitan Magistrate/Judicial Magistrate First Class and 2 social workers (One will be woman) -What if child completes 18 yrs while inquiry is going on? (Sec. 5) -Venue not look like court (Sec. 7) -Child may be produced individual member. Two member at least in final order including Principal Magistrate (Sec. 7) -Involvement with CWC regarding child in need of a care (Sec. 8) -No child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail. (Sec. 10) -Information to parents/guardian (Sec. 13) 33
  34. 34. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Section 4 – Juvenile Justice Board -Inquiry to be completed in 4 months from the date of first production of a child before board. 2 more months can be extended (Sec 14) -Child below the age of 16 years as on the date of commission of an offence (Sec 14)……..Child above 16 years as on the date of commission of an offence (heinous offences, Sec 15) -Review Pendency of inquiry every 3 months by Chief Judicial Magistrate/Chief Metropolitan Magistrate (Sec. 16) -Order regarding a child not found to be in conflict with law (Sec. 17) -Order regarding a child found to be in conflict with law (Sec. 18) -No death penalty or life imprisonment for child (Sec. 21) 34
  35. 35. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Section 27 – Child Welfare Committee -The State Govt. shall constitute for every district one or more CWCs -A Chairperson and 4 members -District Child Protection Unit shall provide a Secretary -Quarterly review by District Magistrate -Meet at least 20 days in a month -The Committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection. (Sec. 29) -Functions and responsibilities as mentioned in Section 30 -Order regarding a child in need of care and protection (Sec 37) 35
  36. 36. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Chapter 7 – Rehabilitation & Social Integration -Process of rehabilitation & Social Integration (Sec. 39) -The restoration and protection of a child shall be the prime objective of any Children’s Home, Specialised Adoption Agency or open shelter (Sec. 40) -The Committee shall have the powers to restore any child in need of care and protection to his parents, guardian or fit person, as the case may be, after determining the suitability of the parents or guardian or fit person to take care of the child, and give them suitable directions. (Sec. 40) -Registration of Child Care Institutions (Sec. 41), Valid for 5 years, can be renewed. Non registration imprisonment upto 1 year or a fine not less than 1 lakh rs or both (Sec. 42) 36
  37. 37. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Sec. 2(21) “child care institution” means Children Home (Sec. 50), open shelter(Sec. 43), observation home(Sec. 47), special home (Sec. 48), place of safety(Sec. 49), Specialised Adoption Agency (Sec. 65) and a fit facility (Sec. 51) recognised under this Act for providing care and protection to children, who are in need of such services; Inspection once in a 3 months (Sec. 54) 37
  38. 38. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements In all the 9589 CCIs/Homes covered under the study, it has been found that there are 7422 children in conflict with law (CCL), including 5617 are boys while 1805 are girls. The number of Children in Need of Care and Protection (CNCP) have been found to be 3,70,227 of which 1,99,760 are boys, 1,70,375 are girls and 92 are transgender children. https://wcd.nic.in/sites/default/files/CIF%20Report%201_0.pdf 38
  39. 39. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Chapter 8 – Adoption - Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of this Act, the rules made thereunder and the adoption regulations framed by the Central Adoption Resource Authority. (Sec. 56) 39
  40. 40. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Chapter 9 – Other offences against children - Prohibition on disclosure of identity of children. (Sec. 74) - In contravention imprisonment upto 6 months or fine extended to Rs. 2 Lakhs or both. 40
  41. 41. The Juvenile Justice (Care & Protection of Children) Act, 2015 - Arrangements Chapter 10 – Miscellaneous Appeals (Sec 101) -Appeal to Children’s court in 30 days against the order of Board/Committee. Against the order of Children’s Court to HC -Board’s order on Preliminary Assessment under Sec. 15 before Session Court. No Second Appeal against order of Session Court -No appeal shall lie from,— -(a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years; or -(b) any order made by a Committee in respect of finding that a person is not a child in need of care and protection. 41
  42. 42. Agenda :- 1.Introduction 2.Integrated Child Protection Scheme (ICPS), 2009 3.NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015 4.The Juvenile Justice Act (Care & Protection of Children) Act, 2015 5.Case Study 6.Q & A, Discussion, Exercise 42
  43. 43. A Report on Inspection of Child Care Institutions of Odisha by National Commission for Protection of Child Rights, January, 2019 With passage of time, juvenile justice system has evolved in India to create an enabling environment to provide care and protection to the children keeping in view the best interest of a child. The best interest of the child is the cornerstone upon which the decision of sending a child to an institution is to be taken. The “best interest of child” means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being and physical, emotional and intellectual development. (Sec. 2(9)) http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815 43
  44. 44. A Report on Inspection of Child Care Institutions of Odisha by National Commission for Protection of Child Rights, January, 2019 The Juvenile Justice (Care & Protection of Children) Act, 2015 has aptly states “Principle of institutionalization as a measure of last resort- A child shall be placed in institutional care as a step of last resort after making a reasonable inquiry”. Therefore, children living in the Child Care Institutions may be seen through the lens of the principle of best interest of the child. http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815 44
  45. 45. A Report on Inspection of Child Care Institutions of Odisha by National Commission for Protection of Child Rights, January, 2019 The Commission has also been mandated to monitor the implementation of the Juvenile Justice (Care & Protection of Children) Act, 2015 (Section 109, JJ Act, 2015). In pursuance of the communication from the Minister of Women and Child Development to the Chief Minister of Odisha dated 07.12.2018 regarding pathetic state of affairs at the Good News India organization's Shelter Homes for children in various parts of the state, NCPCR conducted an inspection of the Child Care Institutions in Odisha covering 19 districts of the State. The teams led by NCPCR officials conducted inspection in 50 Child Care Institutions run by the NGOs and Government. http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815 45
  46. 46. A Report on Inspection of Child Care Institutions of Odisha by National Commission for Protection of Child Rights, January, 2019 Findings Urgent need to implement JJ Act, govt support for funding Lack of Sensitization of official involved in juvenile justice system Children are kept managed by religious institutions, CWC are not sensitised then it will go against the spirit of secular principles Teaching religious text like Bible to students Some of the CCI have self declared as hostels and running without any regulations. http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815 46
  47. 47. A Report on Inspection of Child Care Institutions of Odisha by National Commission for Protection of Child Rights, January, 2019 In 21 homes inadequate security arrangements Police verification not carried out in 14 homes There is a need of inspection of homes run by this organization in other states. http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815 47
  48. 48. A Report on Inspection of Child Care Institutions of Odisha by National Commission for Protection of Child Rights, January, 2019 Standard of Care & Procedure 28 homes lack minimum standard of care and facilities 27 CCI do not have trained counsellor (Violation of Rule 26 JJ Rules, 2016 10 Homes do not have Children’s Committees (Rules 40) 13 Homes do not have Mgt Committees (Rule 39)  In 4 homes children were not produced to CWC http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815 48
  49. 49. A Report on Inspection of Child Care Institutions of Odisha by National Commission for Protection of Child Rights, January, 2019 Infrastructure Situation demands for immediate action in 12 homes In 22 homes, no suggestions book/box was found functional during the inspection It was found that 11 homes had no electricity backup Sickroom/First Aid room, violation in 20 homes Counselling and guidance room lacking in 24 homes inspected by the team In 10 homes, there was no provisions for age appropriate games http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815 49
  50. 50. A Report on Inspection of Child Care Institutions of Odisha by National Commission for Protection of Child Rights, January, 2019 Infrastructure In 32 homes no cooler was available for children In 14 homes the 1098 – child helpline was not displayed  in 20 homes the implementation of the track the missing child not done http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815 50
  51. 51. A Report on Inspection of Child Care Institutions of Odisha by National Commission for Protection of Child Rights, January, 2019 Recommendations 5 homes may be closed due to reasons like, home is running without valid registration. Large no of children kept without the order of CWC, religious influence, lack of basic facilities, no female staff in home despite girls are staying at home In 13 homes, FIR may be registered or police enquiry may be carried out for various reasons indicated in the report. Further enquiry is required in 6 homes for detailed information and facts. Children from 9 homes may be produced to the respective child welfare committees for their individual cases. In 8 homes need immediate necessary action. http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815 51
  52. 52. Agenda :- 1.Introduction 2.Integrated Child Protection Scheme (ICPS), 2009 3.NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015 4.The Juvenile Justice Act (Care & Protection of Children) Act, 2015 5.Case Study 6.Q & A, Discussion, Exercise 52
  53. 53. https://trackthemissingchild.gov.in 53
  54. 54. https://trackthemissingchild.gov.in 54
  55. 55. http://khoyapaya.gov.in 55
  56. 56. https://trackthemissingchild.gov.in 56
  57. 57. 57
  58. 58. 58
  59. 59. 59 Legal Startups
  60. 60. 60 http://probono-india.in/
  61. 61. 61
  62. 62. 62 http://www.tele-law.in/ Launched in April 20, 2017
  63. 63. 63
  64. 64. 64How it works for you?
  65. 65. 65
  66. 66. 66
  67. 67. 67 http://www.tele-law.in/static/dist/pdf/iec-materials/handbook/Tele%20Law%20Brochure-PRINT.pdf
  68. 68. 68 http://www.tele-law.in/static/dist/pdf/iec-materials/handbook/Tele%20Law%20Brochure-PRINT.pdf
  69. 69. 69 http://www.tele-law.in/static/dist/pdf/iec-materials/handbook/Tele%20Law%20Brochure-PRINT.pdf
  70. 70. 70
  71. 71. 71 Launched in February 19, 2019 This mobile application will enable the PLVs to perform on field pre – registration of cases with a facility to seek appointment from the Panel lawyer on preferred date and time, in coordination with Village Level entrepreneur (VLE) at the CSC. The application will benefit 73,000 PLVs of National Legal Service Authority and State Legal Services Authorities (SLSA) in the country who will be associated under Tele-Law service.
  72. 72. 72 http://www.probono-doj.in
  73. 73. 73
  74. 74. 74
  75. 75. 75 Important Websites http://cara.nic.in/ http://carings.nic.in/caraHQ/DCPU_Detail_Online.aspx https://trackthemissingchild.gov.in http://www.childprotectioninfo.in https://www.childlineindia.org.in/
  76. 76. Dr. Kalpeshkumar L Gupta www.klgupta.in 76

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