75 % of 45,000 children ‘wrongly caught’ for offences last year: DGP

Mohit Khanna 

Tribune News Service

Chandigarh, June 24 

According to national crime data, approximately 45,000 children were apprehended across the country last year. But as per KP Singh, DGP (Prisons), Haryana, in 75 per cent of the cases, the children should not have been detained. 

The DGP stated this while addressing the capacity building workshop for the police personnel organised by the Chandigarh Commission for Protection of Child Rights (CCPCR) at Snehalaya in Maloya.

While sharing the detailed analysis of offences committed by the children, KP Singh said there has been a decline in the number offences committed by the children between the age bracket of seven to 12 years, while maximum number of serious offences have been committed by the children falling under the age bracket of 16 to 18 years. He added that the number of recidivist (habitual offenders) children has also increased. 

He said that according to the newly introduced JJ Act 2015, it is mandatory to build a 'place of safety'. The representatives of the Chandigarh police said they have established a 'place of safety' at Sector 19. 

"The child in the age bracket of 16 to 18 years should be kept in the place of safety. They should not be kept in a lock-up along with older criminals," said DGP KP Singh.

He said the new JJ Act has categorised offences under three parameters-petty, serious and heinous offences.

He said in case of petty and serious offence police could start the investigation by registering the matter under Daily Diary Report (DDR) where as in heinous offence such as rape and murder, the police should register an FIR and start the investigation. "Also in the case where juvenile has committed a crime in connivance with man or woman above 18 years, the FIR need to be registered," said KP Singh. 

He petty offences are called where prison term is less than three- years, serious offences the prison term varies from three years to seven years, while the heinous offence falls in the category where the prison term is more than seven- years. 

The workshop was attended by nearly 50 police personnel from all police stations across the city. While addressing the participants, Harjinder Kaur, Chairperson, CCPCR, said, "We all need to build a sense of empathy amongst ourselves. Treat the child in conflict as if it is your own child." 

She also pointed out that "Chandigarh has the capacity and capability to become child-friendly city. It is a duty upon us to make it happen." 

Singh, who was the key note speaker on the occasion, highlighted the important provisions of the JJ Act and the POCSO Act.

He told the police officers not to wear the uniform while questioning a child offender. He also said in Haryana mans jail warders were deployed at observation homes and performs the duty while wearing Khaki uniform. "Even the observation homes in Haryan have been built like proper jail, this needs to change," observed KP Singh. 

He said that in petty offences the trial should be completed within six month, where as in serious offences the JJ Board could seek permission from CJM for extension of time for trial. 

He said that it is the duty of the child commission to visit the central jail once a month to check whether any child has not been lodged in it. Besides, the child commission should also keep a tab on illegal child care institute operating in the city. 

He said, "The JJ Act is intended for the benefit of children and is intended to protect and foster their rights also. Any offence committed by the child should not be termed as crime it should be categorised as misconduct."

Mahavir Singh, Member Secretary, State Legal Service Authority (SLSA), said: "The role of police is at the forefront for ensuring a quick justice along with rehabilitation of the child. We all should collaboratively and collectively work towards making Chandigarh a child friendly city."

Nirbhaya rape case discussed

The infamous Nirbhaya rape case of December 2012 that took place in Delhi also became a topic of discussion during the workshop. The DGP said any proof, whether a birth certificate or school certificate, was sufficient to determine the age of the child apprehended for offence. He said one of the accused in the case turned out to be minor after his parent presented the school certificate in the court following which he was tried under the JJ Act.

‘Women could be charged for sexual offence’

While explaining the Protection of Children from Sexual Offenses Act, the DGP said that women could also be charged for sexual offence as well. “For example, if a boy is  minor and woman major. Then if she abuses the boy physically, then the boy can report the matter to the police. The woman will then be tried under the POCSO Act and other relative sections of the IPC,” said the DGP. Similarly, any pornographic content shown to a child, who is under 18 years of age, is  also a punishable offence under the POCSO Act.