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Implementation of J&K Juvenile Justice System

Implementation of J&K Juvenile Justice System. Jammu & Kashmir State Child Protection Society Department of Social Welfare Rehmat Avenue, Baghat-Sanat Nagar, Srinagar-190005 www.jkicps.org.

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Implementation of J&K Juvenile Justice System

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  1. Implementation of J&K Juvenile Justice System Jammu & Kashmir State Child Protection Society Department of Social Welfare Rehmat Avenue, Baghat-Sanat Nagar, Srinagar-190005 www.jkicps.org

  2. Implementation of The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013&The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014.

  3. The Constitution of India Enshrines: • All Children have rights as citizens of India, just like any other adult male or female. • Some important ones in a juvenile justice context are: • Right to equality (Article-14). • Right against discrimination (Article 15). • State to make Special Provisions for Women and Children (Article 15 (3)). • Right to free and compulsory elementary education to children “6-14 years” (Article 21-A). Inserted after 86th amendment in 2006. • Protection against arrest and detention (Article-22). • Right to being protected from trafficking and forced into bonded labour (Article-23). • Prohibition of employment of children in factories etc. (Article-24).

  4. Constitution of Jammu and Kashmir, 1956 Section (21) The State shall secure: • To all children, the right to Happy Childhood with adequate medical care and attention; and • To all children and youth, equal opportunities in Education and Employment, protection against exploitation, and against moral or material abandonment.

  5. Child Related Legislations • The Child Labour (Prohibition and Regulation) Amendment Act 2016. • J&K School Education Act 2002 and Rules 2009. • J&K Protection of Children from Sexual Violence Ordinance 2018. • Infant Marriages Prevention Act 1985 Svt. • J&K Prevention of Beggary Act, 1960.

  6. Juvenile Justice System in J&K • J&K Juvenile Justice Act - first enacted in 1997 • corresponding to the Central Act of 1986. • Repealed the J&K Juvenile Justice Act 1997 in 2013 • The J&K Juvenile Justice (Care and Protection of Children) Act, 2013 • Rules in 2014 • to bring it in conformity with Central Act of 2000.

  7. Juvenile Justice System in J&K • The core aims of the Act are: • Efficient and effective protection of children with special focus on “Children in Conflict with Law” & “ Children in Need of Care and Protection”. • Overarching principles of “Protection of Child Rights” and “Best Interest of Child” . • Improvement in the well-being of children in difficult circumstances. • Reduction of vulnerabilities to situations and actions that lead to abuse, neglect, exploitation, abandonment and separation of children.

  8. Juvenile Justice System in J&K • Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Bill 2018 is at .an advanced stage of consideration • to bring it in conformity with the Central Act, 2015. • The new Act aims to: • Streamline procedures for orphans, abandoned and surrendered children. • Making comprehensive provisions for children and found to be in conflict with law / in need of care and protection as per UN standards, the Hague Convention and other related international instruments.

  9. Juvenile Justice System in J&K • What do the Act / Rules require? • State Child Protection Society • Selection – cum- Oversight Committee • District Child Protection Units • Juvenile Justice Boards • Child Welfare Committees • Advisory Board • Special Juvenile Police Units • Block Level Child Protection Committees • Village Level Child Protection Committees • Observation Homes • Special Homes • Shelter Homes • Children’s Homes

  10. Constitution of Statutory Bodies under JJ Act/Rules Juvenile Justice Boards • Section (4) of the Act provides for Juvenile Justice Boards • Juvenile Justice Boards have been constituted in all (22) Districts on 15.05.2018 headed by Principal Magistrate along with 2 Social Worker Members. • 8 Posts of Principal Magistrates have been created and creation of (14) posts for remaining Districts is under consideration. Presently Chief Judicial Magistrates notified as Principal Magistrates for the remaining Districts. Contd…

  11. Constitution of Statutory Bodies under JJ Act/Rules Juvenile Justice Boards • Legal cum Probation Officers provided to all JJBs. • Office Accommodation and other infrastructure provided. • Training of JJ Members imparted through Child Resource Centre NIPCCD & ICPS.

  12. Institutional Care Observation Homes • Two Observations Homes established one each at Harwan, Srinagar and R.S.Pora, Jammu. Restoration of Children

  13. Non-Institutional Care Juvenile Justice Fund • Juvenile Justice Fund has been established with a bank account in J&K Bank. • Govt. of Jammu and Kashmir sanctioned Rs. 10.00 lac towards Juvenile Justice Fund. • Public Notices issued for contribution by Civil Society, Philanthropists, Govt. Employees etc.

  14. Constitution of Statutory Bodies under JJ Act/Rules Selection cum Oversight Committee (SCOC) • Rule 89 provides for a Selection-cum-Oversight Committee • Selection-cum Oversight Committee constituted in 2017: 1. Mr Justice(Rtd) HasnainMasoodi, Chairperson. 2. Mission Director, ICPS Member-Secy 3. Ms AneesaShafi, HOD Sociology, KU, Member 4. Ms ArtiBakshi, HOD, Psychology, JU. Member 5. Mr RoufMohi-Ud-Din, K. Ford (CSO) Member 6. Mr Rajeev Khajuria, NDF Jammu (CSO).Member

  15. Constitution of Statutory Bodies under JJ Act/Rules Child Welfare Committees • Section 30 of the Act provides for Child Welfare Committees – for children in need of care & protection • Child Welfare Committees have been constituted in all (22) Districts on 13.08.2018 comprising of Chairperson & 4 members • Office Accommodation and other infrastructure provided • Training imparted to chairpersons and members through Child Resource Centre, NIPCCD & ICPS.

  16. Steps Taken by State towards Implementation • Integrated Child Protection Scheme: MoU signed between Govt of India and Govt of J&K in 2015 for launching the Integrated Child Protection Scheme (ICPS) to implement the Juvenile Justice System in the State. • J&K State Child Protection Society: Established as a society in 2014, • Governing Committee for the J&K Child Protection Society: Headed by Advisor (G) to Hon'ble Governor; to manage & monitor the overall functioning of the Society. • Executive Committee for the J&K State Child Protection Society : Headed by Administrative Secretary Social Welfare Department.

  17. Photo Gallery

  18. Structures created State Level Mission Directorate of ICPS (State Child Protection Society): • Established with Mission Director as its head. • Accommodation, Manpower and other infrastructure provided at Jammu as well as Srinagar.

  19. Structures Created District Level District Child Protection Units (DCPU): • Established with required infrastructure/manpower in all 22 Districts. • Presently the District Programme Officers, ICDS are functioning as DCPOs. • 10 posts provided for each DCPU on contractual basis. Protection Officers (Institutional Care), Protection Officer (Non-Institutional Care), Legal cum Probation Officer, Counselors, 2 Social Workers, Accountant, Data Analyst, Assistant cum Data Entry Operator & 2 Outreach Workers. • Training imparted through Child Resource Centre/NIPCCD & ICPS. • One week exposure visit of 10 DCPU officers to Odisha in May 2018

  20. Institutional Care A. Child Care Homes: Detailed Operational guidelines for registration issued on 15-03-2016 B. Registering Authorities: Mission Director, ICPS designated as Registering Authority on 09-01-2017. C. District Level Inspection Committees: Have been constituted for periodic inspection of homes and facilitation of their registration. D. 580 CCIs have been Mapped so far out of which 337 have been Inspected by DCPUs

  21. Institutional Care • 67 Homes have been registered as under:. • Mapping of all Govt./ Private Institutions has been conducted in order to register them. • For registration of rest of the homes, notices have been issued in print media

  22. Institutional Care Children Homes • 22 Bal Ashrams designated as children homes. • 02 Children Homes existing at Shalimar Srinagar and R. S. Pora, Jammu • 10 New Children Homes proposed under ICPS at Kupwara, Kulgam, Budgam, Ganderbal, Srinagar, Pulwama, Poonch, Ramban, Doda, Baramulla.

  23. Non-Institutional Care Sponsorship Section 42 of the Act provides for sponsorship ICPS Guidelines Provide: • Sponsorship support is provided to a family to enable a child to continue to remain in the family, continue his/her education. This is an effort towards preventing children from becoming destitute / vulnerable, running away, forced into child marriage, forced into child work etc. • 24 eligible children have so far been included under sponsorship component wherein ₹ 2000/ per month are being provided. • 110 Children have been identified and process is on for their inclusion under sponsorship.

  24. Special Juvenile Police Units(SJPU) • Detailed Guidelines /SOP relating to missing children, children in need of care and protection, Juvenile in conflict with law and trafficked children have been put in place in 2015. • Special Director General of Police has been nominated as Nodal Officer, SJPU for the purpose • 25 Special Juvenile Police Units(SJPU) established, one in each Police Districts • Two Social Workers provided to SJPUs through DCPUs. • Juvenile Police Officer and Child Welfare Officers designated in every police Stations(199). • Necessary training imparted through NIPCCD, UNICEF and Police Department.

  25. Structure of Juvenile Justice System

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