Not afraid of the law
MANISHA PRAKASH
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The Bal Lok Adalats in Bihar is a child-friendly mechanism to try petty offences by juveniles.
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Photo: P.V. Sivakumar
Beyond stereotypes: The friendly face of law.
WHEN Ram Kumar's parents travelled to the Bal Samvad Lok Adalat at the Special Home for boys in Gaighat, Patna, last November, they were in two minds. Much as they wanted their child to be free and return home, they feared that getting justice would be far beyond their meagre means. Ram Kumar was alleged to have vandalised a shop. While his mother maintained that he had been wrongly implicated, the police had nabbed Ram Kumar.
Thirteen-year-old Sanjeev Kumar's family thought his fate was sealed and that he would never be able to resume school. Collecting chanda (donation) for Lakshmi Puja during the Diwali celebrations, Sanjeev Kumar was caught with money in his pockets and was detained in the Special Home for boys in Gaighat, Patna.
Reformation
Now, being caught on the wrong side of the law does not always mean an agonising legal battle for the poor. The Juvenile Justice (Care and Protection of Children) Act, 2000, has come to the rescue of adolescent offenders, such as Ram and Sanjeev, who have committed petty offences. Contrary to what they and their families feared, the two boys were freed at the Lok Adalat (literally, people's court) in Bihar in November 2006. They were, in fact, among 72 juvenile delinquents released.
Principal Magistrate Manoj Kumar, who heads the Juvenile Justice (JJ) Board, Patna, says, "The purpose of the JJ Act is the reformation of children. They are given an opportunity to mend their ways and go back to society." He adds, "The children are freed on the parents' undertaking. There are thousands of cases pending before the JJ Board, Patna. The number of new juvenile offenders outnumbers those freed. The Board sits twice a week and a few cases are disposed of in these sittings and at the Lok Adalats, held every few months.
Interestingly, the JJ Board, Patna, is the first to bring a Lok Adalat within its ambit. Conducted by Bal Sakha, an NGO supported by UNICEF and the Department of Social Welfare, Bihar, the pioneering Bal Samvad Lok Adalat is a child-friendly mechanism put in place to dispose of cases related to petty offences. Six such adalats have been held since December 2005. The Bal Lok Adalat follows the provisions in the JJ Act. According to section 15, 1(a) of the Juvenile Justice (Care and Protection of Children) Act, 2000, "When a Board is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the board may, if it thinks so fit, allow the juvenile to go home after advice or admonition following appropriate inquiry against and counselling to the parent or the guardian and the juvenile."
During a Bal Samvad Lok Adalat, parents are provided useful information about the JJ Act. UNICEF's Child Protection Officer Simrit Kaur explains that the whole purpose is to bring together the parents of children who are in conflict with the law. The aim is to raise parental legal awareness and to provide counselling to the parents to help prevent their wards from reverting to crime. "Parents and children are encouraged to have a dialogue with the Board," adds Kaur. A team of counsellors trained by UNICEF speaks to the children and parents.
Useful information
The Bal Samvad Lok Adalats provide useful information to people from impoverished backgrounds. Parents learn that cases relating to petty offences are to be disposed of within four months. They are also cautioned about the imposition of a higher punishment in the event of a juvenile delinquent committing an additional crime. The adalats also explain, among other details, how parents can approach the JJ Board for quick redressal even without a lawyer.
Conditions at the Special Home are such that children face a lot of problems. Those who have committed grave offences such as rape, murder and robbery are housed with those accused of petty crimes. Besides, the children do not have access to nutritious food or medical facilities. All this takes a toll on their health and personality. Sanat Sinha, Chief coordinator of Bal Sakha, says that the Bal Samvad Adalat also helps in bringing parents and children closer. "It gives them an occasion for healthy interaction. Normally, parents do not get an entire day to be with their children lodged in the Special Home."
Courtesy: Women's Feature Service
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