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Ketholeno Neihu
Kohima | September 2
In 2020, Khrie and Do-o (referential names) were brought to an Observation Home by colony youths for the third time in connection with alleged burglary and ganja use. “One of them was 17 and the other about 18 years old,” a case worker from an NGO, who spoke on condition of anonymity, recalls.
The two were first caught while allegedly attempting to steal from a shop. A few months later, they were caught again. The third time, they were allegedly involved in the theft of machinery. Their story is not an isolated one.
Theft and burglary are offences common among persons in the age group of 16-18, observes an official from State Child Protection Society (SCPS), Nagaland, Raitale Zeliang, while referring to records and trends of children in conflict with the law in the state.
In Nagaland and elsewhere in the country, a child or person who has not completed 18 years and alleged to have committed an offence are provided a separate, child-friendly justice process.
It is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 or the JJ Act.
A magistrate in Nagaland also clarifies that the term ‘juvenile’ often takes a negative connotation, and therefore, as per the Act, a child offender is referred to as ‘Child in Conflict with the Law (CICL or CCL).’
Although Zeliang highlights that theft or burglary are common among reported cases and ‘petty offences have always been constant among juveniles’ she adds that crime committed by CICL in ‘Nagaland is definitely on the rise with an increase in violent offences among children below 16 years especially with the rampant exposure to social media.’
“Earlier juvenile crimes were mostly concentrated among older children between 16 to 18 years but last few years has shown increase in serious offences among children below 16 years and as young as 11 years,” she adds, however, not placing specific numbers to point.
Most of these cases tend to go unreported and so the statistics may not always reflect it, she also underscores.
For the anonymous social worker, one concern for CICL is “reporting/intervention at a late stage, when some of these adolescents turn towards habitual theft, substance abuse among other issues.”
The SPCS official informs that the state has established a ‘comprehensive’ framework of statutory and service delivery mechanisms under the umbrella of Mission Vatsalya Scheme (formerly the Integrated Child Protection Scheme-ICPS) which is being implemented by the Department of Social Welfare, Government of Nagaland.
With a workforce of around 700 employees, the official underlines the organogram of the mission’s scheme with the State Child Protection Society (SCPS) and State Adoption Resource Agency (SARA) at the state level and District Child Protection Units (DCPUs) as units to carry out programmes and interventions in different districts.
When asked how similar cases of Khrie and Do-o proceeds, a magistrate explains that as soon as a child is apprehended, the CICL is produced before a board called the Juvenile Justice Board (JJB) and the Board takes the production.
The JJB is established in all districts, with a Judicial Magistrate, two social workers, atleast one being a woman, as members.
While, in the case of the duo, no formal complaint was registered, the magistrate also notes that no First Information Report (FIR) can be registered against a CICL, except where a heinous offence is alleged to have been committed by the child, or when such offence is alleged to have been committed jointly with adults.
The Magistrate then elaborates types of Offences committed by CICL as per the law classified into ‘Petty offence,’ with a maximum punishment of upto 3 years; ‘Serious offences’ with an imprisonment between three to seven years; and ‘heinous offences’ with imprisonment for seven years or more.
Citing an instance, the official explains that if the offence was committed when the child was 17 years and the offence was reported to the police when the offender crosses 18 years of age, the offender will still be treated as a CICL.
In dealing with cases involving CICL, the role of law enforcement agencies, particularly the police, cannot be overlooked. In this regard, an official from Nagaland Police explained that the second Officer-in-Charge (OC) of every police station is designated as the Child Welfare Police Officer (CWPO), while Special Juvenile Police Units (SJPUs), as statutory bodies mandated under the law, are in place to handle matters concerning children.
The SJPU or the CWPO first records the details of the offence allegedly committed by the child. The child’s social and family background is then assessed through a Social Investigation Report (SIR).
Under the Juvenile Justice Act, 2015, the Probation Officer must be informed as soon as a child is apprehended so that the Juvenile Justice Board (JJB) can understand the child’s circumstances before deciding on bail or passing any other order. While the SIR is primarily prepared by the Probation Officer, it may also be prepared by a Child Welfare Officer or a Social Worker in the absence of a Probation Officer.
Coming back to the case of the duo, although they were directly brought to an Observation Home, concerned authorities had coordinated with the JJB and other functionaries making timely intervention.
The social worker explained that the youths in oblivion had first taken Khrie and Do-o to Police but by the look as minors and on learning directed them to the observation home.
One underlying concern that agencies observe and attest to while implementing Child protection Acts and guidelines is the lack of awareness among the masses on laws and procedures on dealing with CICL linking it to as a factor contributing to ‘non-reporting of cases.’
“Official crime records and administrative data reflect rising trends in certain urban pockets such as Dimapur and Kohima often represent only the tip of the iceberg, the official at SCPS notes adding that many of cases involving children in conflict with the law as well as children in need of care and protection go entirely undocumented due to several reasons.
“In many tight-knit societies, minor offenses, petty crimes, or behavioural issues involving juveniles are resolved internally through traditional village councils, clan elders, or other such local organisations,” the official expresses.
Despite such practices being rooted in community cohesion, the official points that these practices often bypasss statutory reporting requirements to the District Child Protection Unit (DCPU), Special Juvenile Police Unit (SJPU), Juvenile Justice Board (JJB) or Child Welfare Committee (CWC).
Another concern the official shared is the lack of awareness regarding mandatory reporting. In comparison to acts like POCSO Act where non-reporting by institutions or individuals is explicitly penalized with stringent legal mandates, the official notes that public awareness regarding legal requirement to report children in distress or conflict with the law is relatively low elaborating that majority views child welfare issues as ‘private family matters rather than statutory concerns.’
Not just among the masses, the magistrate says lack of awareness and unreported cases can sometimes be attributed to lapses in the Juvenile Justice system.
Another government official on grounds of anonymity expresses how “statutory bodies function explicitly to enable smooth flow of an act or scheme,” as far as mechanism in Nagaland is concerned. The official says stakeholders need extensive training on legal procedures to deal with CICLs and says that the Government while appointing members tends to overlook statutory criteria especially on appointment of members with experiences.
Names have been left anonymous either at the individuals’ request or to protect identities.
Disclaimer: This report is part of the ‘Media Fellowship Initiative on Child Protection Awareness and Ethical Public Discourse’ series, supported by DKA Austria and implemented by Prodigals’ Home. The content is intended for public legal literacy and preventive awareness.
