Dimapur, June 9 (MExN): The Nagaland State Legal Services Authority today organized a state-level refresher course on Juvenile Justice Act for Special Juvenile Police Unit, Juvenile Child Welfare officers, Child Protection Officers, members of the Juvenile Justice Board and NGOs running special home for children.
The seminar was held at Police Conference Hall in Chumukedima. Although Juvenile Justice Act was implemented in 2000, Nagaland is still far from properly implementing it due to lack of infrastructure and awareness. Also, there is only one Juvenile home for the entire state. “What is the use of Juvenile Act if there is no infrastructure?” said Judge of Gauhati High Court SR Sen, adding that if there is no infrastructure move a petition to the court.
He also queried the participants on the difficulties they face during handling cases concerning a juvenile. After some minutes of silence inside the conference hall, a police officer from Mon district said there was no option for her but to keep the juvenile in the Police Station’s sanctuary room. Pherima village in Kohima houses the only juvenile home in Nagaland.
Responding to the officer, the judge said such an action is against the law. However, he admitted that the officer in concern was compiled to violate the law because there was no infrastructure in the first place. The Judge asked the officer, as well as the Director of Social Welfare and an NGO to a discussion on Monday, June 11 in Kohima to discuss the matter and take necessary decisions.
Elaborating more on the issue, the Registrar of Gauhati High Court, Kohima Bench Mayang Lima, said all the district headquarters in the State should have at least one juvenile home or a special care home because it is mandatory and required by the law.
Concerning Juvenile Justice Act and Integrated child protection Scheme (ICPS) awareness, Welfare Department employees should request the department to conduct refresher course on the subject matter. “We will write to your department but even you should also apprise to your department,” he said.
Answering a query, he said if a person wants to check whether funds related to ICPS are utilized, he should make use of the RTI.
He also lamented that people expect the government to do everything. In other states, NGOs set up special care homes in partnership with government. Despite having so many NGOs in Nagaland most of them have not taken initiative. And those who have set up special care homes, it is not functioning as demanded by the Act.
According to the Act, every police station should have a “paid social worker”. However, till today no social worker has been appointed. Concerning this issue, District & Session Judge of Wokha V. Nyekha said that in Nagaland the Social Welfare department has appointed child protection officers, social worker etc. But, he said, “none of them are found in the stations” they are posted. “...child in conflict with the law, which is very unfortunate.”
He went on saying that officials are not trained and for some, they don’t want to learn even though reading materials are given to them.
He also said the present juvenile home in Pherima has no proper fencing around, adding that on one occasion three juveniles escaped from the premises. He appealed to everyone present to spread awareness about the act. “It is for our own good.”
A participant spoke about the difference between the Juvenile Justice Act and ordinary criminal law. He said Juvenile Justice Act is not made for punishment but to move away the child from jail to a home oriented place, from condemn to reintegration and from adults and criminals. It is a corrective law. “...we have to see if these approaches are implemented properly. Juvenile Law is not a penal law, it is an institutional law.” He also said if the police officer does not know the age of the juvenile; a medical test can be conducted to determine the age.
During the discourse doubts were cleared by the resourced persons and suggestions were given how to go about implementing the Act practically. Also, Registrar of Gauhati High Court Kohima Bench Mayang Lima delivered a discourse on Trafficking of Women and Children for Sexual Exploitation.
Trafficking does not mean prostitution, he clarified. But prostitution becomes an offence, he said, when it involves commercial exploitation of a person, woman or a minor. Explaining on the issue, he said when a woman or child is sexually exploited and any person gains out of the same, it tantamount to Commercial Sexual Exploitation (CSE), which is a legally punishable offence. “Trafficking is the process of recruiting, contracting, procuring or hiring a person for CSE.”
