With the change in time and lifestyle, children are becoming more vulnerable to indulging themselves in many social evil activities. In recent few years, cases related to theft, murder, sexual abuse etc. has been reported under the juvenile justice system. And many such cases are left unreported.

 

Our place with the unique identity is losing its charm by many factors. The negative acts committed by teenagers are a very concerning matter. Do we lack in providing adequate awareness and facilities to such children? Many times we come across people debating that if a minor get involved in a crime or bad habits, they should be punished and exposed in order to make them learn. Is punishment the only solution or way out for the problems? 

More concerning matter is that generations of youth are believed to be the future of the world. Their behaviour shows how tomorrow’s future will be. But with the involvement of them in n88888crimes and substance abuse stresses more on the need for protection and care to reform and make them a law-abiding citizen.

 

In 1997, the Jammu and Kashmir Assembly passed the Juvenile Justice Act and a decade later laid down the rules to enforce it. The J&K Legislative Assembly passed the J&K Juvenile Justice (Care and Protection of Children) Act, in the year 2013 with a minor amendment. 

 

The grim state of juvenile system affair in Ladakh may change for the better now with the constitution of three mechanism body District Child Protection Unit, Child Welfare Committee and Juvenile Justice Board under Integrated Child Protection Scheme (ICPS).

 

All the three units were notified to start the proceedings from August 2018. And on September 10, the Juvenile Justice Board was formally inaugurated by Tsewang Phunstog, Principal Magistrate.

 

Sonam Dorjey, Member JJB said, “The three bodies are appointed exclusively to handle the proceedings under the Act, relating to juveniles. As per law, until the age of 18, any children under difficult circumstances are taken care by the department”.

 

“The law states that the juvenile accused should be presented before a justice board within 24 hours and an inquiry into his case needs to be completed within four months,” he added.

The juvenile justice system of a child is divided into two categories first is the ‘child in conflict with law’ handled by JJB and second is the ‘child in need of care and protection’ deal by CWC.

Whether involved in heinous crime or in need of care and protection such minors ought to be handled sensitively so that they can be protected or reformed for a better future.  If not dealt sensitively, the child in conflict with law is more inclined to abandon education or entering in the wrong environment. In such situations, the institutional structures such as observation home and shelter home are the basic necessity to protect them from further negative influence.

 

The juvenile justice (care and protection of children) Act, 2013—the legislation providing for the development of children in need of care and protection as well as the rehabilitation of the juvenile delinquents—also seeks the creation of observation homes, special homes, shelter homes, and children homes to fulfill its mandate.

Unfortunately, no such infrastructure has been created in Ladakh to accommodate children in need of care, protection, and rehabilitation. 

 

Dr. Konchok Paldan, Chairperson, CWC , “As per law, observation and shelter home is necessary for the temporary reception of any juvenile during the pendency of any inquiry regarding them under the Act.  The child is needed to accommodate in a safe and child-friendly environment. It is very challenging for us to perform our duty full-fledged because of the absence of such homes”.

 

 “Child safety, care, and protection are the ultimate goal of the department as well as different NGO’s working for the children. There is a need of every stakeholder to work collaboratively in order to function effectively and efficiently”, he added.

 

He informed that 16 sponsorship cases for the abandoned and orphan children and 1 case of corporal punishment in a private school was also handled and dissolved. Also, a 3-year-old child kept along with the accused mother of a Sriyul case in a jail is also being handled.

 

On April 16, two juvenile was apprehended in charge of a stolen donation box from the Leh mosque. Also, on August 2, three more held for breaking the donation box at Hazrat Mir Amir Kabir Masjid, Shey.

 

The proceedings of the pending three theft cases were carried out first time by JJB on September 10.   Prior to this, the cases were handled by the Chief Judicial Magistrate. All the minors were given the next hearing date on September 15 and 25. The children were also counseled.

 

Adolescence is a transitional phase of growth and development between childhood and adulthood. In this stage, a child will either put himself/herself in a good line of control or fantasies about trying everything and experiencing that is out of way.  Thus, fails to identify good and bad for themselves and the maturity level of a child takes a complete back seat.  With that, the child involves themselves with the task which is completely against nature and law. The story doesn’t end with the child in conflict with the law but today there are many children under the influence of tobacco and other substance abuse. The rampant consumption of smokeless tobacco, inhalers, cigarettes, alcohol etc. among the school going children and youths is becoming a major concern to look upon.

 

Under Section 6 (a) of the Cigarettes and other tobacco products Act (COTPA), 2003, selling of cigarette and other tobacco products to a person below 18 years is prohibited. But, the products are sold and are accessible to the minors.

 

Also, as per J&K Juvenile Justice (Care and protection of children) Act, 2013, Section 26, “Whoever gives or cause to be given, any juvenile or the child any intoxicating liquor in a public place or any narcotic drugs or psychotropic substance except upon the order of duly qualified medical practitioner or in case of sickness shall be punishable with imprisonment for a term which may extend to three years and shall be liable to fine.”

 

Despite the existence of such law, the products are easily accessible to the minors and also lack proper monitoring and strict regulation against the violators.

 

Dr. Padma Angmo, Psychiatrist, SNM Hospital said, “In substance use be it tobacco, alcohol, and drugs 80% children get addicted to it in their early adolescences.” 

 

She said that the social and physical environment attribute promotes the use of tobacco, inhalers, cannabis, alcohol and many other such things.  Easy accessibility, an expectation to cope up with stress and anxiety, curiosity to try, peer pressure, parental smoking habit, and tourism are some reasons. 

 

“Unfortunately we have a lot of such addicted cases and the sad thing is that they are not aware of the problem and treatment.  I have come across people who have ended up keeping their children in a so-called rehabilitation centre in Delhi and Chandigarh.  Such centers charge a huge sum of money with no proper treatment and facilities. Eventually, they give up and few come and visit at SNM hospital”, she said.

 

She further added that the de-addiction centre is must to treat and counsel addicted person.

 

Phuntsog Diskit, Psychologist, NRHM said that a survey has been conducted in the year 2017, in around 10 schools including both private and government. Students above class 8th were targeted and found that peer pressure and parental smoking are one among the common reason. Many students opt for chewable tobacco to get rid of the cigarettes and many are addicted to both. 

 

She said that awareness at all levels is a must to make the issue understand and curb it.

 

The ever-changing social circumstances have always had a significant impact on the process of a child’s psychological development, which largely depended on social settings and the underlying cultural attitude to children and youth. The need of the hour is to understand the reason behind our youths driven into social evil practices. Being letting off the situation, exposing on social media is not a way out for the issue. 

Effective linkages among various government agencies and NGO’s in association with child rights, along with legal services and their families needs to be built. The onus lies on each one of us to care, protect, treat, develop and rehabilitate such neglected minors. Otherwise, the juvenile justice system will end up only hardening the children caught in it.