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| `Amend the law or extend Central Act to state' | | JK Juvenile Justice Act | |
early times report
Jammu, Dec 6: The government had promised to review the Jammu Kashmir Juvenile Justice Act following Amnesty International campaign for release of Faizan a minor. However, the review was not undertaken for unknown reasons and no explanation was also given by the concerned. Reports suggest that the law will come up for discussion during the winter session of the legislature.
The J&K Juvenile Justice Act, 1997 (JKJJA) defines minors in Jammu and Kashmir as boys 16 years old or younger, and girls 18 years old and younger, which is inconsistent with both the national Juvenile Justice (Care and Protection of Children) Act, 2000 and the UN Convention on the Rights of the Child (UN CRC), which India ratified in 1992, to establish laws and procedures specifically applicable to children, and to define minors as all individuals younger than 18.
The Act evoked severe criticism last month when a minor, Danish Farooq was picked up by the police and detained. The police while rejecting his parents' contention of his being a minor said he was more than 16 years of age and, therefore, not a minor under the JKJJA. He (Danish) was enlarged on bail on December 4.
The Act calls for a separate jail and special court for minor offenders. The human rights defenders have urged the government to amend the existing law or extend the central Act to the state. "According to the existing law, children of Jammu Kashmir who have completed 16 years are believed to be more mature than their counterparts in rest of the country. This is a grave injustice and needs to be set right", they said. |
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