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| Faizan is a minor by Indian standards | | Legislators must extend new JJA to JK | |
Early Times Report
Jammu, Mar 28: Even as the police believe Faizan was not a minor under the Jammu Kashmir Juvenile Justice Act (JJA), the South Kashmir youth is underage as per the Indian version of the law.
The older version of the law was enacted in India in 1986. The state of Jammu Kashmir extended the law in 1987. However, after taking into consideration the provisions of similar legislations of various countries, the law was amended. Under the amended law a person below the age of eighteen is a minor. In rest of India a boy of eighteen is a minor. But the Jammu Kashmir legislators believe the mental and physical faculties of boys develop fully by the time they complete sixteen years of their lives. So in Jammu Kashmir anybody who is above sixteen is not a minor.
The older version of the Juvenile Justice Act empowers the state to detain a boy of above sixteen and below eighteen under Public Safety Act (PSA).
The Jammu Kashmir Police issued a statement this evening stating that Faizan was not a minor. “Faizan was on police remand and judicial remand for about 20 days respectively when two separate bail applications were moved by his parents before the Sessions Judge Anantnag and Chief Judicial Magistrate (CJM) Anantnag. In both the courts, the relations of Faizan had never claimed that he was underage”, the police said.
The matter was raised with the Chief Minister who ordered the police to constitute a medical board to ascertain the age of the detained boy. Accordingly a consisting of three medical officers including a Radiologist was constituted at Government Medical College, Jammu to conduct the medical test. The board examined Faizan on March 23.
The board in its findings fixed Faizan’s age between 17- 18 years. “The age of the accused is more than 17 years which do not fall anyway under the category of "underage", police said.
The issue was raised by the Amnesty International members with Union Home Secretary GK PIllai on March 17 at New Delhi. Pillai admitted that under aged boys were detained by the Jammu Kashmir police. However, he expressed his helplessness. “The Jammu Kashmir legislators have failed to extend the new version of Jammu Kashmir Juvenile Justice Act to the state”, he told the members.
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