Rehab, social integration of kids in conflict with law not achieved: HC

Saurabh Malik

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Chandigarh, April 27

The Punjab and Haryana High Court (HC) has asserted that the rehabilitation and social integration of children found in conflict with law (CCL) is not being achieved as some of the “children’s court” and Juvenile Justice Board are missing upon the compliance of “important provisions” of the Juvenile Justice (Care and Protection of Children) Act and the relevant rules.

The High Court added that sometimes a CCL was sent to jail after attaining the age of 21, when he had not completed his term of stay. This was done without the “children’s court” passing an appropriate order under the Act.

Such omission was leading to miscarriage of justice and defeating the purpose of the statute enacted for promoting the child’s reintegration and his assuming a constructive role in society.

The children’s court, and the board, by not calling for yearly periodic follow-up reports, required under the Act, missed the opportunity of supervising and further avoiding the incidents of child abuse in institutions and check inadequacy of facilities, quality of care and rehabilitation measures in the children’s home.

The Bench of Justice GS Sandhawalia and Justice Harpreet Kaur Jeewan said it was mandatory for the children’s court to achieve rehabilitation and social reintegration while passing a dispositional order to include an “individual care plan” for the CCL concerned, which was prepared by the probation officer, the child welfare officer or recognised voluntary organisation.

The Bench, among other things, also directed the board and children’s court to use term “dispositional order” and “period of stay in a place of safety”, instead of using term “order of sentence” upon the conclusion of inquiry or trial.

A social integration report was required to be obtained and considered by the board and the children’s court while passing the final order in an inquiry or trial. The “individual care plan” in the specified format would be made part of the “dispositional order”.

“At the time of passing the “dispositional order”, if the age of the person is less than 21 years, he/she shall be sent to place of safety for undergoing the period of stay and should not be sent to jail…. The children’s court must include in the “dispositional order” the reformative services to be provided to the child during the period of his stay in place of safety…,” the Bench added.

The order’s copy was directed be also sent to the State of Punjab, Haryana and UT, Chandigarh for adhering to the directions.