Kolkata: In a first, the West Bengal Government in a joint initiative with the UNICEF and the West Bengal Commission for Protection of Child Rights (WBCPCR) on Sunday started to chalk out a plan on how to divert children from judicial procedures for allegedly committing minor or serious offenses to spare them from the trauma of being subjected to trial.
According to the Juvenile Justice Act of 2015 who has allegedly committed petty offenses can be diverted from the regular judicial procedure and rehabilitated with assistance from social workers by ensuring that the child stays with his or her parents or caregivers.
Speaking on the issue at an event on "State Consultation on Diversion" organized by WBCPCR and UNICEF, Dr Sashi Panja, Minister of Women and Child Development and Social Welfare said that FIR will not be lodged against children committing petty and serious offenses.
"They may or may not be sent to childcare institutions. Efforts will be to restore children to their families and link them to various welfare services and other alternatives to detention," she added.
She also said that as part of the effort to extend the services of diversion and its benefits to children, the Minister said that police, government officials, and other stakeholders would have to be sensitized first.
Referring to scientific evidence, the Minister also said that when children are made to stand trial for minor crimes, a lot of psychological trauma happens among the minor offenders and their chance of reformation goes away, and often end up repeating the same offenses.
Calcutta High Court judge Justice Ananya Bandyopadhyay of Calcutta High Court during the event urged the magistrates of Juvenile Justice Boards of the districts who attended the event to deal with cases involving children with empathy.
“They need your empathy and they need you to understand the situation they are in. Please consider a child’s case with emotion within the periphery of the law. Be sensitive and flexible for the benefit and betterment of the children for their reintegration into society,” she added.
The West Bengal Government and UNICEF in collaboration with an NGO Praajak initiated a pilot project in some crime-prone areas of Jalpaiguri, Murshidabad and South 24 Parganas districts to use the provision of ‘diversion’ over the detention of the offenders and a lot more needs to be done.
“In the past three years, it has been observed that it is not enough to divert the children from police stations and Juvenile Justice Boards. We have to ensure essential services, regular follow-ups, and psycho-social support and care for these children. Hence a comprehensive care plan by the authorities for the child is required,” said Mohammad Mohiuddin, Chief of UNICEF West Bengal.
Speaking on the issue chairperson of WBCPCR said that during their visit to various childcare institutions they had found many children who committed petty offenses. “It is essential to use a diversion from judicial proceedings as a solution in such cases,” she added.
