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J&K government to set up juvenile homes and courts
7/13/2010 11:04:05 PM
EARLY TIMES REPORT
Srinagar, July 13: The Jammu and Kashmir government has decided to set up juvenile homes separately for boys and girls and courts in both the Kashmir valley and Jammu region.
The government has already directed Divisional Commissioners of both the regions to identify 15 kanal of land each for construction of these homes and court.
This information was given by secretary to government Revenue department to a division bench of the Jammu and Kashmir High Court yesterday in reply to two petitions filed by Advocate Yawar Ali and Abdul Rashid Hanjura, who alleged that in the absence of any juvenile home in the state, children booked in different cases were being put with criminals in different jails.
The Kashmir Bar Association (KBA) and social organizations also alleged that children, who were "falsely" booked for stone pelting, were also kept in lockups by the police.
The petitioners had said that the state government had failed to implement the provisions of the Juvenile Justice Act in the state and there was no juvenile home in any part of the state.
The court directed the state government to establish juvenile boards, juvenile courts, separate juvenile homes and observation homes in the state.
The Court said there was a basic difference between the Juvenile Justice Act and the ordinary law which says that a special court must be set up under the Act to adjudicate matters in which the accused are juveniles, below the age of 18 years. Under the existing law, the state government has to constitute one or more Juvenile Boards for a district or group of districts for dealing with matters where juveniles in conflict with law are dealt with.
Under the Act, the bail provisions for young offenders are more liberal than those applicable under the Criminal Procedure Code.
The Section 18 of the Act states that whether a juvenile commits a bail able or non-bail able offence, he shall be released on bail with or without surety.
If the law enforcing authority feels that the detention is necessary under the law they can only detain him in observation home but not in prison or police station.
The Court directed the State Government to take all steps required to be taken under the provisions of the Act and the rules to implement the Act in letter and spirit within a period of three months. Ali had prayed for shifting of all juveniles presently in detention to police station while Hanjura, a social activist, had prayed that by not implementing the Act is adversely affecting the development of such children. It exposes them to baneful influences and alienates them from the society.
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