KARGIL, MAY 10, 2022: A two-day workshop of duty bearers of ICPS, legal services authority, police and other functionaries organized by Juvenile Justice Committee, High Court of J&K and Ladakh in collaboration with Social Welfare Department UT Ladakh supported by UNICEF India started today in Kargil to impart awareness for effective implementation of Juvenile Justice Amendment Act 2021 in Ladakh.

Justice Ali Mohammad Magarey, Chairperson, Juvenile Justice Committee of J&K and Ladakh High Court joined the workshop virtually and highlighted the effective implementation of the Juvenile Justice Amendment Act 2021 in Ladakh.

He stressed upon the collective efforts of the concerned departments for successful implementation of the Act in Ladakh. He also focussed on the development of friendly mechanism to deal with all kinds of crime reported against juveniles.

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Justice Magarey also stressed on proper sensitization and awareness of concerned officials from respective departments regarding rights and protection of juveniles.

Reaffirming justice delivery as the main agenda of the Juvenile Justice Amendment Act 2021, he instructed all the concerned officials to work effectively so that nobody is left out in availing justice which is the fundamental right of every citizen.

He also put forth suggestions regarding the rehabilitation and social-reintegration which mainly included restoration of child in need of care and protection, registration of child care institutions, open shelter, foster care, special homes, place of safety, sensitization of police officials, counselling centres etc.

Justice Magarey said the program assumes great importance as Juvenile Justice Boards (JJB) and Child Welfare Committees (CWCs) have to deal with the children in light of Old Act as well as the new Central Act and are required to be sensitized on different provisions of the Act and the Rules.

“Capacity building is our main agenda and is part of the Action Plan for the current year as approved in the Fourth Round Table Conference held on October 09, 2021. You should be aware that effective Implementation of Juvenile Justice System is being monitored by Juvenile Justice Committee, Supreme Court of India,” he said.

He said children in every part of the world commit offences but there is a child-friendly mechanism existing all over the globe to deal with such children.

Regarding Child Care Institutions, Justice Magarey said new ideas are emerging and there is a paradigm shift in the ideas of dealing with children in Conflict with Law and children in need of care and protection.

The J.J. Act is a comprehensive legislation that addresses the basic needs of children. “The Act delineates at the outset, the child-friendly principles that should guide all the agencies associated with the welfare of the children while implementing the provisions of the Act,” he said.

Justice Magarey said the Act has vested multiple responsibilities upon the JJB. “The Board is to ensure that children are protected with the juvenile justice system. This puts huge responsibility upon the JJB’S for protecting the child. The JJB’S has to go beyond its functions,” he said.

He said under section 19 of the Act, powers have been conferred upon the Children’s Court to ensure follow-up on the rehabilitative measures adopted for the child and yearly evaluation of report to evaluate the progress of the child in place of safety.

“The CWC have responsibility towards children in need of care and protection. The society has great expectations in this regard. The CWC can only discharge its functions in the true spirit of JJ Act, once it is sensitive to the needs of children with knowledge and competence about the different provisions of law,” Justice Magarey said.

He said the Juvenile Justice System can’t be implemented in isolation.

“There has to be, a complete coordination and collaboration in order to helps the child in distress and the child in a difficult situation that is why we have invited participants from Departments of Health, Police, ICDS, Education and Bal Ashram and all concerned stakeholders. All have to unite to help the child in Conflict with Law and Child in need of Care and Protection,” he said.

Justice Magarey said all stakeholders have to understand that a child below 18 is not matured enough to behave as an adult and if he commits mistake, he can’t be treated as an adult as he is not physically, mentally and emotionally grown up.

“Therefore, there has to be a complete synergy among different stakeholders to address the issues and problems of children, particularly those who belong to lower strata of society and are unfortunate to get their due and at times become victims of exploitation,” he said.

“We have to address effectively the different areas of concern to strengthen Juvenile Justice System. Besides capacity building, the formulation of Rules under the JJ Act, Creation of full-time Principal Magistrates in the Districts where there are no full-time Principal Magistrates, detailed plan to bridge the infrastructure and institutional gaps, data management and monitoring, capacity building at various levels to be initiated, expansion of counselling services, a Special Cadre of Police Officers to discharge the duties of Special Juvenile Police Units and Child Welfare Officers, Child-Friendly Police Stations, Creation of  Shelter Homes, Special Homes, Children Homes and Observation Homes. There is also an urgent need to bring an inclusive approach to child protection services,” Justice Magarey said.

He also appreciated the efforts of Padma Angmo, Secretary Department of Social Welfare for organizing the program. “The UNICEF India is extending whole hearted support to strengthen our Juvenile Justice System and has supported this program as always. I thank you all and wish all success to this workshop,” Justice Magarey.

On the occasion, Deputy Commissioner and CEO, LAHDC Kargil, Santosh Sukhadeve welcomed all the guests, resource persons, and trainees. He thanked all the officials and resource persons for conducting the workshop and said that the trainees should get maximum benefit of the program.

Later, resource persons Bharti Ali from HAQ Organization and Nimisha Srivastava from Council To Secure Justice gave a detailed presentation on the Juvenile Justice Amendment Act 2021 and model rules 2016 and introduction and its principles, JJB and CWC its structures and functioning structural aspects of JJBs, powers of CWC its functions and other related aspects.

The resource persons also discussed about procedures in relation to children in conflict with law, procedures to be adopted by police in relation to children in conflict with law, inquiry, apprehension of child, bail, preliminary assessment into heinous offences and various other related aspects.

The first day of the workshop ended with a question and answer session.

Pertinently, the workshop was also attended by Abdul Rashid Malik, Member Secretary, Juvenile Justice Committee, High Court of Jammu and Kashmir and Ladakh through virtual mode, Deputy Commissioner and CEO LAHDC Kargil Santosh Sukhadeve, Principal Magistrate JJB/CJM Kargil, Tsewang Phuntsog, Director  Social/Tribal Welfare/Mission Director CPS  UT Ladakh Kunzes Angmo, Secretary DALSA Kargil/Munsif Sankoo Moneer Ahmed, ASP Kargil Choudhary Iftikhar, resource persons Bharti Ali, Nimisha Srivastava, Manna Biswas Child Protection Specialist UNICEF India, CMO Kargil Dr Munawar Hussain, CEO Kargil Mushtaq Ahmad other concerned district officers, trainees of District Child Protection Unit Kargil, Child Welfare Committee, Members of Juvenile Justice Board, District Social Welfare Office, Special Juvenile Police, officials from ICDS Department, Municipal Committee Kargil, Members of Child Care institutions, officials of Health Department besides others attended the workshop.