Tamil Nadu: Govt mulls setting up child-friendly courts

Chennai: To improve the judicial process related to juveniles, government officials are mulling a child-friendly court, places of safety and a de-addiction centre.

Plans for a child-friendly court for victims under Protection of Children from Sexual Offenses Act (Pocso) in Chennai which has been on the cards for a long time, is finally going to materialize a couple of months, District Child Protection Officer (DCPO), Chennai told Deccan Chronicle.

“The model is inspired by Delhi's child-friendly court. Its main aim is that the victim and accused should not meet. So when the accused is brought to the Mahila court for questioning, he will be seated in front of a one sided mirror and the victim will be in the child-friendly court,” he explained.

Another project taken up by the department of social defence is to establish a place of safety for the juveniles committing heinous crimes.

“An amount of Rs 2 crore has been allotted by the government for the plan and is expected to be constructed in Vellore district,” said a senior official.

According to the 2015 Juvenile Justice Act, a place of safety is a home for rehabilitation of juveniles aged between 16 to 18 who are accused or convicted of a heinous crime. It is placed separately or attached to an observation home.

Also, the officials say the reason for the increase in juvenile crimes is alcohol and drug abuse. To tackle the issue, the department of social defense is talking to the government for a de-addiction center.

“We have requested the government to provide Rs 2,000 for each child for the treatment. Medical help will be provided by NGOs,” DCPO of Chennai said.

The issue of gang wars in the juvenile homes has been persistent for a long time. In the course of a fistfight, they also break numerous lights and chairs.

“To avoid this issue, focal lights will be placed on the outside. Fans and seating arrangement will also be in such a way that they can't cause any damage to it. Cameras will be on both sides of the room and the juveniles will be constantly observed through a monitor,” said a senior official from the District Child Protection Unit.

Juvenile law changes not carried out fully
Two years after the Juvenile Justice Act was amended in 2015, changes in implementation are being carried out at a snail’s pace and juveniles committing heinous crimes are still being kept in special homes with other children.

“When those who commit heinous crimes mingle with others, the chances of them influencing other kids are very high. That is the premiere reason the act has mandated a place of safety,” explained a psychologist requesting anonymity.

“In a preliminary assessment, it is revealed that most of the people have a proper mindset but have been influenced by somebody or something to do the crime. So, they are sent to a special home for behavior correction,” the psychologist added.

According to an official from the Juvenile Justice Board, around 30 cases of heinous crimes by juveniles have been reported in the past ten months out of which only one case was diverted to the Mahila Court.

Speaking of the slow progress in the implementation of the JJ Act, 2015, state officials said a fewer number of psychologists is a reason for this.

In Chennai, less than 20 psychologists are available to perform the preliminary assessment on the juveniles accused of committing heinous crimes, where the psychological condition of the accused is tested.

“In Tirunelveli, there are over 10 Pocso cases pending as the assessment has not been done due to the shortage of psychologists,” said social worker C. Rajan.

However, activists say a person aged between 16 and 18 is always aware of what he is doing and must be sent to Mahila court and treated as an adult so that there is no repetition of the act.

 “Children are kept isolated and not given any care. Inmates at special homes become worse as they live there devoid of proper education, training and are not exposed to any entertainment,” said activist, A Narayanan.

 The system has seen some reforms, but much improvement is needed so that inmates don’t harm themselves or other inmates, he said.

However, child protection officials also claim that work is happening smooth to adhere to JJ Act amendment.

“It has become mandatory to adhere to the amended Act and receive a certificate for the same. 27 children homes in Kancheepuram district have been shut down for not adhering to the rules of JJ Act 2015,” an official said.

2015 amendment
The Juvenile Justice (Care and Protection of Children) Amendment Bill 2015 allows juveniles 16 years or older to be tried as adults for heinous offences like rape and murder. Heinous offences are those, which are punishable with imprisonment of seven years or more. It mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district.