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.