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INSTITUTIONAL ISSUES IN CARE,PROTECTION AND JUVENILE JUSTICE

INSTITUTIONAL ISSUES IN CARE,PROTECTION AND JUVENILE JUSTICE. Adv Sandhya Raju , HRLN , 31 st Aug 2013. Some Key Issues affecting children. Child Abuse Child Labour Denial of education Lack of Nutrition Corporal punishment Lack of attention

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INSTITUTIONAL ISSUES IN CARE,PROTECTION AND JUVENILE JUSTICE

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  1. INSTITUTIONAL ISSUES IN CARE,PROTECTION AND JUVENILE JUSTICE Adv SandhyaRaju, HRLN , 31stAug 2013

  2. Some Key Issues affecting children • Child Abuse • Child Labour • Denial of education • Lack of Nutrition • Corporal punishment • Lack of attention • Denial of individuality.

  3. Legislative framework • Constitution of India • UN convention on Child Rights • The Juvenile Justice Care and Protection Act 2000 • Child Labour Prohibition Act • Prohibition of Child Marriage Act • Protection of children from Sexual Offences Act 2012 • Commission on Protection of child Rights Act

  4. Guiding principles • Principle of presumption of innocence • Principle of Dignity and worth • Principle of Right to be heard • Principle of best interest • Principle of family responsibility • Principle of safety( No abuse, no neglect , no exploitation and no maltreatment) • Positive Measures. • Principle of non stigmatizing semantics, decisions and actions

  5. Principle of non waiver of rights • Principle of equality and non discrimination • Principle of Right to Privacy and confidentiality. • Principle of Last resort • Principle of repatriation and restoration • Principle of Fresh start.

  6. The Guiding Principles laid down in the central, model Juvenile Justice rules forms the foundation for the treatment of children whether they be conflict of Law or in need of care and protection. • They add the soul and spirit to the Juvenile Justice Act aimed at Rehabilitation and Reintegration of the Child into the society

  7. Stakeholders in the JJ system for Rehabilitation and Reintegration • The Juvenile Justice Board • The Child Welfare committee • Special Juvenile Police Unit • Child Protection Unit

  8. The Processes of Rehabilitation and Reintegration Institutional • Observation Homes • Childrens home • Special Home • Place of safety • After Care Organisation Non Institutional • Adoption • Foster care • Sponsorship

  9. Provisions in the JJ Act Promoting Rehabilitation and Reintegration • The Constitution of the Juvenile Justice Board ( S4) and its Procedure (S5) • Possible Orders that can be Passed by the JJB(S15) • The Constitution of the Child Welfare Committee which acts as a Bench of Magistrates (s.29) • Powers of the committee which is the final authority for the care, protection , treatment, development and rehabilitation of the children. (S 31)

  10. The Childrens home, Special Homes, Observation Homes and place of safety envisaged in the Juvenile Justice Act envisages and environment which emphasises Rehabilitation and reintegration into the society • For the above Purpose a legislative sanction has been obtained for a multidisciplinary approach and ensuring the linkages with the implementing agencies for the Best Interest Of The Child (s 45)

  11. Key Stakeholders • Central, State, District and city Advisory Boards Consisting of Eminent Social workers, representatives of volunatryorganisations from various disciplines and govt departments (s.62) • Child Protection Unit( S.62A)- • Special Juvenile Police Unit (S.63)

  12. In the above setting do we have all the institutions for care &protection ?

  13. Issues-? • Attitudinal barrier- Lack of Child Rights Sensitivity • Absence of Trained Personnel in Child Protection functionaries. • The Non Formation of Child Protection units. • Lack of Infrastructure Support as envisaged in the Juvenile Justice Rules. • Lack of Legal Awareness in child Rights Issues especially in issues involving children in need of care and protection. • The Functioning of the institutions are personality dependent. If there is a socially committed personnel in the child protection institutions the quality is perceptibly different from that of a non socially committee personnel. Thus no uniformity despite there being guidelines.

  14. Absence of a system of linkages or coordination visble within the functioning of the JJ system. • Absence of a management committee, Children's Committee mandated by the Juvenile Justice Act. • Absence of an Individual care plan for each child entering within the Juvenile Justice system is great barriers for individualised attention.

  15. The Institutions of care for both children in need of care and Protection and juvenile in conflict with law in many instances are merely places of accommodation without effective mental stimulation or motivation. • Absence of a concerted, sustained intervention of mental health professionals in a periodic manner for addressing the behavioral issues of children is a great barrier in effective Rehabilitation and Reintegration. • Absence of a uniform and systematic policy of foster care with adequate follow up. • Absence of Periodic monitoring of institutions of care leading to gross violations and illegalities being perpetuated like the recent child marriage issue.

  16. Recommendations. • Juvenile Justice Mandated Provisions are non negotiable. A Rights Based approach rather than a welfare approach should be adopted. • Effective linkages have to be established and strengthened between all child protection agencies to ensure effective service delivery in the best interest of the child. • Rehabilitation and Reintegration of a child within the JJ system has to be a participative and democratic exercise with the child wishes given adequate representation.

  17. Each child should be legally represented whether it be in the Juvenile Justice Board or the child Welfare committee. Specific Training should also be provided to enhance the skills in addressing issues relating to children. • There has to be a provision for mental health professional who will be able to deal with the Psycological issues facing a child on account of the various traumas he or she might have faced and a individual care plan to be developed with their assistance and discussed with the caretaker.

  18. Multidisciplinary stakeholder approach should be encouraged which will enable a holistic approach in dealing with child in an institution. • A cadre trained Social workers should be created who can assist the JJB, CWC, Child Protection units and Special Juvenile Police units for obtaining home study reports of the child which will enable a holistic approach in dealing with the child.

  19. Periodic trainings and upgrading of skills of child protection personnel should be non negotiable. • The Establishment of Child Protection Units, management committees and children’s committees within the homes should be taken up emergently.

  20. “ Where There is a Will There is A Way”” Thank you.

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