Sunday, 20 December 2015
Sunday, 4 October 2015
deaf children
They are also Children
Don Bosco Veedu Society has
tried to rehabilitate seven deaf and dumb children in the past one year. All
these children had run away from their homes or schools. It is often a tedious
task to restore them as it is very difficult to trace their family due to
communication issues. We have found that almost all such children also have
mental health problems and it is mainly due to the neglect they often feel even
if their homes are healthy. In all the seven cases our rehabilitative process
of training them in schools for deaf and dumb have failed due to the fact that
they often run away and find it difficult to adjust with others. It is natural
that they feel neglected in a family as they can get on the nerves of others
especially in conversations.
According to the World Federation of the Deaf
(WFD), approximately 66 percent of Deaf people live in developing countries,
where authorities are rarely familiar with their needs and where very few Deaf
children have access to employment and education. Only about 10 percent of the
world's Deaf population receive any education at all, and only one percent
receives this education in sign language - even though the majority of deaf
people worldwide use sign language in their daily lives. Even if home is healthy it would be much
better that they grow up with similar children so that neglect issues will not
crop up.
It is often difficult for a Deaf person
to break into a conversation. He/she cannot hear and be uncertain as to when
they can break in. When this happens, it may appear that they seem to be intruding
on what you say without contributing. In this circumstance, you need to be
proactive and turn to the Deaf person and make eye contact, as a signal to join
the conversation or to give a message or to ask a question. Deaf children are relegated to a low social
status as a direct result of the poor or nonexistent education they receive,
the stigma they face, and the lack of awareness of their full potential as
active members of society.
Waking up in
the morning can be the first daily activity that presents a problem. Many deaf
people can use their internal clock to wake up in the morning if they spend
some time learning techniques for waking up. Smoke detectors, timers on the
oven and even the telephone present problems for deaf people every day.
Technology is helping alleviate some of these difficulties. Alarm clocks can
now turn on lights or vibrate to help the deaf person wake up. Telephones are
also available to allow the deaf person to communicate on the phone.
Traditional school environments are difficult for a deaf person to navigate without the aid of interpreters. Special schools for the deaf help young people learn how to communicate with others and the skills necessary to get through the world as a deaf person. The use of interpreters in college helps many deaf people earn degrees and advance in the workplace.
Deaf children face the lack of positive Deaf role models
who can communicate successfully and mentor the children to reach their full
potential. As a result, most of the young people are doing poorly or failing
their classes. They cannot imagine attending college, let alone becoming a
successful professional. Society tells them that they are "dumb."
Without
proper education, deaf role models, mentors and tools to gain acceptance in
society, deaf children will continue to face issues of neglect.
Saturday, 19 September 2015
sicp
STATE
INITIATIVE FOR CHILD PROTECTION (SICP)
In ascociation with the Social
Justice Department of Kerala, the Trivandrum Don Bosco Veedu Society conducted
first training and awareness campaign for the World Vision child protection
group leaders of Trivandrum. This was part of a State Initiative and we have
kicked off the first of ten of such similar workshops to be conducted for
differerent stake holders within the district. Mr. Manoj Joseph, Senior
Programme Coordinator, SRRC,
CHILDLINE India Foundation, Chennai inaugurated the district level
programme at 10.00 AM today (19-09-2015) at Trivandrum Social Service Society
Hall at Vellayambalam.
The training programmes are
aimed at sensitising care givers of children regarding issues faced by chidlren
and laws related to chidlren. Information on allied systems relating to
children was also provoded. Practical information on Juvenile Justice Act, and
Protection of Children from Sexual offences act was also provided so that they
have sufficient knowledge to seek help when chidlren under their care require
the same.
We conducted the workshop in
collaboration with World Vision, TSSS and LES. THe programme started at 10.00AM and ended at 1.30 PM.
Sunday, 6 September 2015
generation gap
GENERATION GAP
On 28th Aug, 2015, our
helpline received a call saying that one college student had brought a girl to
the Gandhi Park and was sharing intimate moments there. The same youth had
brought another girl to the same spot on the previous day. While speaking with
them during the counselling session, we found that the boy was an adult and the
girl was an adolescent. It was surprising to find that they were meeting each
other for the first time. They connected and fell in love through facebook. The
girl had travelled hours to reach the place. The details went like this. The girl was chatting with him by using her mother’s
cell phone. She had saved his number on
the cell phone in the name of her classmate – another girl. So her parents never doubted anything and she
had spent hours chatting with her facebook lover from her mother’s phone. The
parents were very protective of her and she was being cheated by a man under
their very nose! There is a widening gap between parents and their children.
There are many causes why the generation
gap between parents and their children is formed. First of all, the greatest
difference perceived between the generations is the way of using technology.
Today the world is more advanced each day, as a result of the fast paced
development of the society. Parents do not even know many of the modern
technologies and equipments children use.
Second, a majority of parents spend too
little time communicating with and listening to their children, even though
they ‘love’ them very much. Notwithstanding, children do not share their school
life or other day-to-day events with their parents. Parents may not know what
their children are thinking about. Lack of time spent with children is a great
reason for the creating a gap and love is communicated through presence and
time spent with children.
Third, parents may have absolute control
over their children. They want their children to have more advantages and
opportunities. Thus, children may not have complete freedom in the choice of
those leisure activities. As a result, children always believe that their
parents are against their opinions all the way. They try to keep everything
secretive and do not tell their parents when they encounter problems.
Fourth,
due to the traditional custom, most parents adopt a straight face and do not
show their feelings when they talk to their children. On the other hand, children
believe that they are grown-ups and it is high time for them to be independent.
On the whole, both parents and their children do not see things from the
standpoints of each other. Thus, misunderstanding is a great cause for the
formation of generation gap.
Bridging
the generation gap is essential. To tackle this problem, there are some ways by
which such gap can be bridged.
1.
Parents
need to gain adequate knowledge of the latest technologies that are used by
their children so that they can know beforehand possible dangers.
2.
Parents
and their children have to be aware of the importance of open communication and
parents need to take initiative for the same.
3.
Parents
should not have too high expectations. On the other hand, parents should know
what their children like the most.
4.
Parents
must not start a conversation by giving orders. Instead, they can begin by
discussing a topic that can hold their children’s interests. Become friends of
children.
5.
Never
let your children feel ashamed of the parents. Be role models.
6.
Parents
need make their children understand their limitations and define boundaries for
them.
7.
Relationship
between parents and kids is sensitive, hence dignity to be maintained to
preserve the love and emotions in the relationship.
8.
Teach
all you want to your children before they reach teenage and you will have a
bright and responsible youth.
Let us remember a merry family requires
lots of give-and-take, and it really needs the co-operation of all its members.
Accordingly, the generation gap between parents and their children can easily
be bridged.
Sunday, 30 August 2015
Adoption
ADOPTION PROCEDURES
“Sir,
we were living hopeless for past 15 years without a child. Now we have meaning
in life with the coming of child Shivani (name changed) into our life. Our
hearts are broken now that you are taking her away from us” (Adoptive Parent of
Shivani)
This was one of the most difficult situations faced by Don Bosco CHILDLINE in
the previous week. We received information that a family adopted a child
without following proper procedures at Varkala, Thiruvananthapuram. Our team visited
the place and confirmed that the family adopted a child from Kuzhithura, Tamil
Nadu from an advocate (lawyer). He had handed over the child with pseudo
documents; had not followed proper procedures and had recieved more than 4 lakhs from the couple. When we spoke about the procedures of adoption, what upset
them most was losing the child. The adoptive mother of the child could not
contain her grief. The lawyer had handed over the child providing
misinformation regarding the adoption.
Adoption
Adopting a child without the involvement of an authorised adoption agency is
illegal. Central Adoption Resource Authority (CARA) an autonomous body under
the Ministry of Women & Child Development, Government of India, is mandated
to monitor and regulate in-country and inter-country adoptions.
Adoption connotes the establishment of a socially constructed and legally
sanctified parent-child relationship between those who do not share this
biologically. As a universal custom, adoption has existed across large parts of
the world since ancient society times. However, cultural norms and practices
related to it vary for society to society. In India, an Indian, Non Resident
Indian (NRI), or a foreign citizen may adopt a child. There are specific guidelines
and documentation for each group of prospective adoptive parents. A single
female or a married couple can adopt a child. In India, a single male is
usually not eligible to be an adoptive parent. A single man desiring to adopt a
child may be eligible if he applies through a registered agency. However, he
will still only be able to adopt a male child.
An adoptive parent should be medically fit and financially able to care for a
child. A person wishing to adopt a child must be at least 21 years old. There
is no legal upper age limit for parents but most adoptive agencies set their
own benchmarks with regard to age. For a child who is less than a year old, the
adoptive parents can have a maximum combined age of 90 years. Also, neither
parent must be older than 45 years. In the case of adoption of older children,
the age of the parents may be relaxed accordingly.
The Laws and Procedures governing adoption
The adoption procedure in India is governed by two legislations, namely, the
Hindu Adoption and Maintenance Act, 1956 (HAMA), and the Guardians and Wards
Act, 1890 (GWA). Under the Hindu Adoption and Maintenance Act, Indian citizens
who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a
child. Under this act, a single parent or married couple are not permitted to
adopt more than one child of the same sex. Foreign citizens, NRIs, and those
Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the
Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the
guardian of the child until she reaches 18 years of age.
Foreign citizens and NRIs are supposed to formally adopt their child according
to the adoption laws and procedures in the country of their residence. This
must be carried out within two years of the individual becoming a child's
guardian. There is also a Juvenile Justice Act of 2000, a part of which deals
with adoption of children by non-Hindu parents. However, this act is applicable
only to children who have been abandoned or abused and not to those children
who have been voluntarily put up for adoption.
The entire adoption process takes some months to complete. However, when all
the hurdles are cleared, you are ready to welcome your new child to the family.
Here we have tried to list down the adoption procedure.
Prospective adoptive parents who wish to adopt a child are required to get in
touch with a welfare agency that is recognized for adoption. They will talk to
you in general about the process, documentations, legalities etc; and access
your general preparation regarding Adoption. And prepare the documentation as
advised by the social worker. Once the documentation is ready submit the same
to the agency and get registered.
The social worker of the agency will then conduct a Home Study at the couple’s
residence. The social worker will try to assess the couple’s parenting
abilities. And they will look into applicant’s motivations, preparations,
strengths and weaknesses on the issue of Adoption. This step is formulated into
a report and is submitted to the honourable court.
As and when there is a child the agency will call the couple to the agency. The
agency will show medical file, Physical Examination Report and other relevant
information of the child. Once the couple is comfortable about the details
given about the child, the agency will show the child physically. The couple
can spend time with the child. Once they are comfortable enough to make a
discussion they can discuss the future formalities as the rules of the agency.
Once you have identified the child, you have to sign few documents which
pertain to the acceptance of the child. The documentation which the couple had
submitted to the agency and the child’s documents, are sent to the lawyer for
preparation of the petition. Once the petition is ready the couple will be
called at the court and sign the same in presence of the court officer.
Once the couple has signed the petition they can take the child in Pre-Adoption
foster care. When you take the child home do understand from the agency nursing
staff that what are the feeding schedules of the child, eating, playing,
sleeping, medicines (if any) & potty habits. Then, you have to attend the
court hearing along with the child. This is in front of a judge (generally it’s
in chamber and not an open court). Once the judge is satisfied, he will pass
the order and will also mention the amount you need to invest in the child’s
name.
Once you have invested the amount and the receipt is shown to the judge the
order will be issued. If the adoption is under HAMA, then a Deed of Adoption is
prepared and the same needs to be registered with the local registrar’s office.
There is no such requirement in adoptions done under GWA & J. J. Acts.
Sunday, 23 August 2015
dv
Women against Violence
As part
of our community initiative, Don Bosco Veedu Society arranged awareness
campaign rally and Onam celebration for our self help groups (SHGs) at
Karimadon Slum on 22/08/2015. The program of the day started at 10.30 am with a
rally through Karimadom slum ending at Don Bosco Centre, Manacuad where the
celebration took place. The rally was an awareness campaign on issues of Women
especially against Domestic Violence. More than 60 women participated in the
campaign and Onam celebration. The rally ended with an awareness class on
issues of domestic violence. Leaflets and awareness booklets were distributed
during the campaign.
Onam celebration took place with variety competitions, thiruvathira and was concluded with onasadhya (solemn lunch) and prizes for all those who won the completions.
“I am a woman, I wanted to be clothed in Strength, Dignity, Pride and Laughter without fear of the future” read one of the slogans in the placard which was held by a woman during the rally. The placard and the genuine and innocent questions asked by the participants during the session, shifts our attention long back to our independence, when the father of our nation said one day that “woman is more fitted than man to make exploration and take bolder action in non-violence. Woman is the companion of man, gifted with equal mental capacity. If non-violence is the law of our being, the future is with women”. And, 68 years after the independence still women strive for strength, dignity and pride.
The
subject of empowerment of women is becoming a burning issue all over the world
including India since last few decades. Inequalities between men and women and
discrimination against women have also been age-old issues all over the world.
They have demanded equality with men in matters of education, employment,
inheritance, marriage, politics etc. Two Acts have also been enacted to
emancipate women in India. These are: Protection of Women from Domestic
Violence Act, 2005 and the Compulsory Registration of Marriage Act, 2006. The Domestic
Violence Act recognizes that abuse can be physical as well as mental. Anything
that makes a woman feel inferior and takes away her self-respect is
abuse.
Friday, 21 August 2015
emerging child
The Emerging CHILD
In the last two weeks our railway rescue booth rescued
over 20 children. Most of them ran away from school or from children’s homes in
groups. The reasons that they ran away could be considered silly for adults.
One group ran away from school because parents were called in for small
mischief done by the children. Children did not want the parents to know and
hence they ran away. Another group who ran away from a children’s home was due
to the fact that the wardens got angry with them for misbehaving.
Children are increasingly becoming unable to face even
small tensions that are part of life of every person. Most of these children
have been between the age of 10 and fourteen. If they had left the state of
Kerala before being rescued, it could have been very difficult to trace them
and also they would have been prone to danger of trafficking or exploitation.
It was just three weeks back that three girls who left home committed suicide
apparently due to the inability to face the embarrassment on returning home.
What is happening to our
children? Why are they so intolerant to small criticisms and corrections? Why
they are unable to face even small challenges in life?
I think there is a great need to change the parenting
style. Parenting is probably the only job which doesnot require any training! The current micro families are financially
well off and their only child or just two always never face a denial in their
early life! When small, desires are small but as the child grows older desires
too grow and reach a stage where parents find it impossible to fulfil. This
leads to a wrong understanding that the parents don’t love them. This is one of
the root causes of such problems among children. It is of utmost importance to
bring up children with ability to face difficulties and denials as no person
can have everything he/she wishes for.
The uncontrolled exposure to media by children is
another factor to be worried. As parents are too busy fending for their children
they are often not cared for and internet, Television and Video games become
the only friends for children at home. The gruesome exposure to such media
makes children to be completely alien to realities of life and create a wide
gap between parents and children. Uncontrolled information without sorting or guidance
turns out to be disastrous blend by the time children become teens. Parents
start caring for children only when their teens are ‘problems’ to deal with. At
this time only ‘repair’ is possible as a character has already been built.
Schools needs to become places where children are
provided wholesome education catering to all aspects and not only the intellect
as it is happening now. Our systems are far behind in coping with the surging
growth needs of our children which includes also parenting.
Monday, 3 August 2015
English Posters
SAFETY FOR MORE CHILDREN
Trivandrum Don Bosco Veedu
Society is reaching out yet again to more chidlren accross Kerala. Children of
ICSE and CBSE syllabus schools have been often out of the reach of child
helpline accross Kerala. This doesnot mean that there are no child rights violations
against such children. Violations often donot get voiced as school authorities
and moneyed parents often hide it due to fear of loss of name and fame. They
often get 'settled' within wherein the child is often the loser. The competion
among schools to get more children often have negative impact on children as
they are forced to over perform. Non performing chidlren often are shunted and
have to leave school to join other syllabus schools. Violations that children
face at home never come out due to the better 'facade' of financially forward
families.
In collaboration with the Social Justice
Department, Government of Kerala we breaking the jinx to reach to all English
medium schools accross Kerala. Each classroom will display one poster each
where chidlren always have reminder to contact CHILDLINE when they are in need
of help and are in distress. The same project also will reachout to over 800
Primary Health centres accross Kerala where chidlren frequent for health care. The message of the posters highlights child protection issues and there is an exhortation to contact CHILDLINE toll free number when they are in need.
Friday, 26 June 2015
HUGS
HUGS FOR HAPPINESS
We happened to visit a happy family of Immanuel
Ditto, Priya and two smart kids Carlton & Carolin (Real names are added with the permission of the family). While entering
their home we heard the voice of those children. As soon as we came in children
barged into their mother and said: “Please give us some energy”. We were eager
to see what energy she was going to give. Suddenly she stretched her hands towards
them and said “come to me and get the energy”. They went closer to her and got
a huge hug from their mother and they went back to resume their games.
This was a surprise for us because we
were expecting some energy drink but she gave more than that! Mother looked at us and said that she was
recharging her kids! Whenever they find any difficulties they come to me. It is
a way of building a deep relationship between us. This incident made us think
about the power of touch especially hug.
Touch is the first sense we acquire
and the secret weapon in many successful relationships. Recent studies suggest that
number of ways touch can make us stay healthy. Hugging is a most powerful weapon
among them. Hugging is a physical acknowledgment of the presence of another
with the intention of expressing affection. Comfort hugs are often longer and may
continue until the other person has calmed down. It may be used to develop trust and create an emotional and identity-forming bond with
the other person. In coming close together you effectively 'becomes one',
joining identities for a few moments.
A sad
fact is that spontaneous hugging seems to be in the decline in societies where
fears of abuse and litigation override the simple pleasures of an affectionate
hug.
While looking back to the cases dealt
by Don Bosco CHILDLINE last year, we found that more than 35% of the children
ran away from their own homes due to lack of care from their parents. Family is
the first place for restoring a child. Many times we find it difficult to
suggest it due to dysfunctional families. In such families children often grow
up without receiving love and physical touch. The neglect they receive often makes
them run away when they grow older. If
the families are imitating the energy charger of the above said happy family,
we believe some major neglect issues can be solved.
Thursday, 11 June 2015
Skilling
SKILL BASED EDUCATION – A NECESSITY
Vinod (given name); one of our beneficiaries
was asked by our counsellor about his ambition in life. He replied: “Sir, I
wished to study electronics, but when I open my books, I am totally confused. I
doubt whether I will ever be able accomplish my dream”. Vinod is only one among a large number of
middle class and poor children who are unable to fulfil their dreams due to the
inadequate educational system of Kerala Society. Though Kerala is well known as
a state in very high literacy rates and educational achievements, the truth is
different. We have a good number of dropouts after children
finish Xth grade.
The fact is that our answer paper valuation up
to Xth grade is so liberal that a very good number of children get through
without learning anything. We deal with
a very huge number of children who are unable to read and write even after
their 10th grade! There are no methods of learning other than the
lecture method. Most Indian schools have a strong focus on academic subjects,
with little scope for creativity and few or no extra-curricular activities. Traditional
schooling methods tend to emphasise role of learning and memorisation, rather
than encouraging independent or creative thinking. Together with this the focuses
on examionations make children hate academics.
As the teachers are incompetent to elicit
discipline without a stick and are not sufficiently able to apply child
friendly methods of learning and increased awareness and mechanisms to eliminate
corporal punishments incapacitate them to impart quality education resulting in
decreased learning. As children go up the grade, lack of ability to read and
write makes them lose interest in studies. Besides this, the fact that the valuation of
plus two (11th and 12th) is stricter makes children to drop
out of school.
It is high time to rework our educational
system and that is definitely a tedious and slow process with the Government machinery.
The work round this problem is to introduce skill based learning after 10th
grade. This can make children to sustain in education especially because of the
fact that skill based learning is practically oriented and educe interest. This
can indeed decrease the number of delinquent children as we can sustain more children
in schools where better monitoring is available compared to being in home
locality where they are prone to be influenced by anti-social elements and
parents are often away at work and are unavailable to monitor children.
Sunday, 31 May 2015
Summer Camp
Summer Vacation Camps
Concluded
This year’s
Summer Camp for deprived children was concluded on May 30th Saturday
afternoon at Don Bosco Centre, Manacaud.
Over 180 children and their parents participated in the Valedictory
function. Rev. Fr. Stephen Mukkattil,
the newly appointed Rector of Don Bosco presided over the function. Mr. Job Kurian (Playback singer) graced the
occasion as the Chief Guest at the function. Yogees on Wheels were also distinguished guests at the function. Members
of Inner Wheel Club and Yogees on Wheels contributed their share to provide
school materials to all the children who attended the summer camp. The children
performed variety entertainment programmes which received top honours during
the two summer camps (Manjadi at Don
Bosco Centre and Shalabam at Don
Bosco Nivas). All children were happy to receive prizes and grateful for the
school materials they received. All departed at 5. 00 pm with renewed vigour to
kick start a new school year on the Ist of June.
Thursday, 28 May 2015
Summer Camp
Intervention at Sree Chithra Home
The Kerala Child Rights Commission asked Trivandrum Don
Bosco Veedu Society to conduct five days of Vacation camp for the children in
Sree Chithra Home. Sree Cithra Home is a Government run children’s home which
houses over 200 children and Youth. Their holiday programme mainly consisted of
classes. Our intention was to provide the children opportunity for some entertainment.
The camp was conducted from 22nd to 27th May. It was a time to gather the children together
and give them learning experiences through play. They enjoyed the camp and
wanted more interventions from our part. On 25th of May World
Missing Children’s Day was celebrated at the Venue with the presence of Mr.
Babu, Member of the Commission as Chief Guest. On the last day training was
provided by our team to all the wardens. Further interventions are in the
offing in order to provide better care to the children which is a lacuna in the
home which has so many children.
Wednesday, 20 May 2015
Child Labour Act
Child
Labour Laws – The way backward
Children below 14
years can work in non-hazardous industries provided it is only during holidays
or after school hours according to the Cabinet approved amendment in Child
Labour Act on 13/05/2015. The original Child Labour Law banned employment of
children below 14 in only 18 hazardous industries. The amendments also make it
clear that children between 14 and 18 years will also not be allowed to work in
hazardous industries. The changes in the labour law also provide for stricter
punishment for employers for violation. While there is no penalty provision for
parents for the first offence, the employer would be liable for punishment even
for the first violation. In case of first offence, the penalty for employers
has been increased up to two-and-half times from the existing Rs 20,000 to up
to Rs 50,000 now. In case of a second or subsequent offence of employing any
child or adolescent in contravention of the law, the minimum imprisonment would
be one year which may extend to three years. Earlier, the penalty for second or
subsequent offence of employing any child in contravention of the law was
imprisonment for a minimum term of six months which may extend to two years. After
the Cabinet approval, the government will move official amendments to the Child
Labour (Prohibition and Regulation) Amendment Bill, 2012 in Parliament.
"We don't want
to redraw the social fabric of Indian society where children learn by
participating in work with family elders. We, instead, want to encourage
learning work at home as it leads to entrepreneurship," a Government
official said.
While child rights
activists were opposed to the dilution saying it will promote child labour,
those involved in business maintained that children need to be trained in
traditional arts at an early stage or they will not be able to acquire the
required skills like weaving and stitching. The age of prohibition of
employment has been linked to age under Right of Children to Free and
Compulsory Education Act, 2009. Exceptions have, however, been made in case of
works in which the child helps the family or family enterprises. Moreover,
exemption has also been given where the child works as an artist in an
audio-visual entertainment industry, including advertisement, films, television
serials or any such other entertainment or sports activities except the circus.
The condition is that such enterprises should not be involved any hazardous
occupation. Another condition set forth is that they should work after school
hours or during vacations.
The Act raises
serious concerns such as it will interfere with children’s ability to attend
regular school. Forcing children to work deprives children of their childhood.
One of these proposes to ban the employment of children below 14 yrs in all
occupations except family and audio-visual entertainment industry, on condition
that such works do not interfere with their education. It will be difficult to monitor
a law which is vague and not specific. The monitoring of this law had been
difficult all through right from its beginning in 1996. Out of 6 million child
labourers in many industries all over India this law could only come to the
help of below 2000 children in the last year.
The constitution of
India promised to safeguard the rights of children and protect them from
economic exploitation. However, 65 years later it is still perfectly legal to
employ a child. As per the census report of 2011, India has over 4 million
working children belonging to the age group of 5-14. The new amendment will sure
lead to the increase in the number of working children in the years to come. It is sad to note that no proper consultations
have been done before the amendment was thought of.
Sunday, 10 May 2015
JJ Bill
Amended JJ Bill –
Perspectives
It is reported on all the news papers that the Union Cabinet cleared the
Juvenile Justice Bill, under which a minor above 16 years involved in a serious
crime could be tried in an adult court if the Juvenile Justice Board decides
so.
The Juvenile Justice Act will be changed to allow for trial of juveniles in the
age group of 16-18 years accused of heinous crimes under the Indian Penal Code,
with the New Government bowing to public clamour for tough deterrent against young
criminals who go unpunished because of the lenient provisions under the law. As
per the changes cleared by the Union Cabinet on Wednesday, Juvenile Justice
Boards will determine whether a juvenile accused of a heinous crime ought to be
treated as a “child” or adult”. The proposed Juvenile Justice (Care and
Protection of Children) Bill also provides for the classification of different
crimes as “petty”, “serious” and “heinous”, providing for differentiated
processes for each category. Under the existing law, only those 18 years and
above are tried under IPC. The decision heeds the demand for tougher punishment
for the hardened among “juvenile criminals”, which spiked in the wake of the Nirbhaya gang rape in Delhi in December
2012. One of the accused in the crime which shook the nation because of its
sheer monstrosity was a juvenile who was the most brutal of the gang which
ravaged the young physiotherapy student (Times of India).
UNICEF India expressed concern over the amendments to the Juvenile
Justice Act, under which minors above the age of 16 involved in a serious crime
can be tried in an adult court, and said such a decision was a "real step
back". With the enactment of the Juvenile Justice (Care and Protection of
Children) Act in 2000, India's juvenile justice legislations was brought in
line with the Convention on the Rights of the Child (CRC) and international
standards, focusing on some of the key principles of juvenile justice which
deprivation of liberty as last resort, restorative and reformative justice,
diversion and alternative sentencing, and separate protection structures and
qualified personnel. The UN
CRC (article 40.1) states that children who are accused of offences should be
tried separately from adults "in a manner consistent with the child's
sense of dignity and worth".
"Worldwide evidence shows that the process of judicial waiver or
transfer of juvenile cases to adult courts have not resulted in reduction of
crime or recidivism. Instead, investments in a working system of treatment and
rehabilitation of children have shown to lead to better results in reducing
recidivism," said Louis-Georges Arsenault, UNICEF Country Representative.
Most juvenile remand
homes are in appalling condition and need a massive overhaul. But whether
redrafting the law will bring down juvenile crime is the moot question. What is
required better remand homes, more specialised care rather than to expose young
people to the trauma and stigma of adult jails.
According to the National Crime
Record bureau data shows that the number of children booked in this age group
across the country for heinous crimes in 2012 was only 6,747. One year
later, NCRB data shows, the figure has gone up to 6,854. As per the census
report there are over 6.5 crore belong to the age group of 16-18. It seems
difficult to believe that the government is amending the existing Juvenile
Justice (Care and Protection) Act 2000 which allows for the adoption of a
special approach towards the treatment and rehabilitation of underage offenders
and is coming up with a new law by which underage kids accused of heinous
crimes will be treated on par with adults simply in order to deal with such a
minuscule number.
The motivation for introducing
this law gained momentum because of the dark memories evoked by the Nirbhaya
case where the Delhi police spun a yarn before the media, claim the most brutal
attack on the defenceless victim came from the underage offender who succeeded
in escaping the death sentence only because he was a juvenile.
Child rights activist Minna
Kabir, wife of the former chief justice Altamas Kabir, has spent several
decades working with juveniles agrees that parents tend to pass off love
affairs as rape. Dissecting the NCRB statistics, she points out that 50 per
cent of the rape charges on investigation turn out to be love affairs
while 30 per cent are cases of exploratory sex by boys in the age group of
12-14 years which cases can be attributed to lack of sex education and
increasing exposure to sexually explicit messages in movies, ads and the social
media.
We strongly condemn all sexual
violence, be it by adults or juveniles. None of it can be justified by any
means whatsoever. But we also condemn pitching human rights of women against
human rights of children since that will not provide an answer to creating a
healthy society. All we want is a dialogue with the government before a final
decision in this regard is taken.
Don Bosco which basically working
for the welfare of the children suggests that the ministry has to do a
rethinking over the amendment and demanding more informed engagement on this
issue. Neither group majority nor anger and rage should decide law reform, especially
since India has ratified the 1992 UN Convention on child rights. Ministry should realize the need to strengthen
the education system since juveniles in trouble usually hail from families
which are in trouble as the case of the Delhi juvenile shows. A criminal child
or an adolescent is the responsibility of the society and not the children. There
is a need to make systems which will care for children before they reach to
such an impasse.
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