A two-day workshop for effective implementation of the Juvenile Justice Amendment Act 2021 in Ladakh was held for duty bearers of ICPS, legal services authority, police and other functionaries on May 10.

The workshop was organised by Juvenile Justice Committee, High Court of J&K and Ladakh in collaboration with the Social Welfare Department UT Ladakh supported by UNICEF India.

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 the collective efforts of the concerned departments for the successful implementation of the Act in Ladakh and focussed on the development of a friendly mechanism to deal with all kinds of crimes reported against juveniles.

Justice Magarey also stressed proper sensitization and awareness of concerned officials from respective departments regarding the 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 rehabilitation and social-reintegration which mainly includes restoration of a 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 the Old Act as well as the new Central Act and are required to be sensitized to 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.

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 the law and children in need of care and protection. The J.J. Act is 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 by the juvenile justice system. This puts huge responsibility upon the JJB 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 reports to evaluate the progress of the child in place of safety.

“The CWC have a responsibility towards children in need of care and protection. 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, “ Juvenile Justice System can’t be implemented in isolation. There has to be, complete coordination and collaboration to help the child in distress and the child in a difficult situation that is why we have invited participants from the 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.”

Justice Magarey said that besides capacity building, the formulation of Rules under the JJ Act, the Creation of full-time Principal Magistrates in the Districts, a 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 is must.

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.