New Delhi: The apex child rights body National Commission for Protection of Child Rights has asked the Jammu & Kashmir administration to start booking individuals and insurgent groups using children in illegal activities such as stone-pelting and others under section 83 of Juvenile Justice Act, 2015.
It also directed to organize a capacity building training programme for the staff of Integrated Child Protection Scheme (ICPS), Women and Child Department (WCD) and Children for the proper implementation of JJ act 2015.
The directions were issued following the first-ever visit by the senior officials of NCPCR led by its chairman Priyank Kanungo to the Union Territory ahead of COVID -19 lockdown in March to assess the situation of children in Child Care Institutions and to understand the functioning of Child rights mechanism in J&K.
It is only after the reorganization of the J&K act last year following the abrogation of Article 370 that it has come under the purview of the child rights body and the Commissions for protection of Child Rights (CPCR) act 2006.
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“Implementation of section 83 of the JJ Act 2015 for children who are misguided by insurgent groups in J& K is recommended”, the commission has suggested to the local administration and the Union Women and Child Development Ministry in the recently submitted report.
Speaking to ETV Bharat, NCPCR chairperson Priyank Kanoongo said, “If someone is using children in any type of illegal activities should be punishable under section 83 of JJ act. There are clear provisions for militant and insurgent groups who used children in illegal activities would be punished. The provisions under the new act will definitely benefit the children of J&K “.
“If children are being used by someone for stone-pelting and other illegal activities against the security forces should be strictly punished under Juvenile Justice act, 2015", he reiterates.
Among many recommendations, the commission has suggested initiating procedures for orphan children living in children home to declare them legally free for adoption, establish a separate shelter home for girls as per the provision of JJ act,2015 implementation of Right to Education Act.
Speaking in the context, Kanoongo said, “Earlier in Jammu & Kashmir, child adoption was not a part of Juvenile Justice system, now they are in process for establishing all the infrastructure to start the adoption process legally. For adoption, Child Welfare Committee (CWC) will issue a certificate and declare for illegal free for adoption and details will be upload at CARINGS. This was never implemented earlier but now it will start”.
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“Earlier, Right to Education Act 2009 was not applicable in the valley but after the abrogation of Article 370, RTE 2009 is applicable to all the part of Jammu & Kashmir (UT) and Ladakh where private schools will waive off 25% of fees for children of the economically weaker section", he added. He further assured that children inJ&K are deprived of their own rights but now it will not be the same.
The NCPCR has also suggested the Secretary School Education for conduct mapping of all unmapped educational institutions and Madrasas in UT. It has recommended training for the UT police for implementing sections 15 and 18 of the acts under which minors aged 16-18 can be tried as adults for the heinous crime if permitted by the Juvenile Justice Board.
