No interrogation, have conversation with children in conflict with law, says Chief Justice

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Bhubaneswar: Chief Justice of Orissa High Court Justice Subhasis Talapatra inaugurated a state-level consultation to explore possible ways of effective implementation of the Juvenile Justice (Care and Protection) Act, 2015 at Odisha Judicial Academy here on Saturday.

Speaking on the occasion virtually, the Chief Justice flagged the issue of care and justice to children in conflict with law. He deprecated the practice of interrogation in cases involving children in conflict with law and said instead of interrogation, the investigating agencies should have conversation with the children.

The Chief Justice urged the Judicial Officers and the functionaries under the Juvenile Justice Legislature to be sensitive in dealing with the children. He emphasized on the need of homely environment for the children in conflict with law instead of custodial measures.

Delivering the welcome address, Judge of Orissa High Court and Chairperson of Juvenile Justice Committee Justice Debabrata Dash said such deliberations would lead to effective solutions for children in conflict with law and in need of care and protection. He emphasized on prompt response to the problems involving children and highlighted the importance of pro-activeness of all the stakeholders.

Chief of Field Office for Odisha, UNICEF, Mr. William Hanlon Jr emphasized on the need of diversion from traditional methods and discussed on prevention, non-custodial alternatives, rehabilitation and restorative practices and right of children to fair trial. He stressed upon the need of counseling and psycho-social support to the deprived children and said UNICEF is committed to the cause of child care, he said.

Keshav Kumar, IPS (Retd.) shared his experience as a police officer in cases involving children in conflict with law. Chairperson of Odisha State Commission for Protection of Child Rights Mandakinee Kar informed the role of State Commission in effective implementation of the Juvenile Justice Legislation.

Member, Juvenile Justice Committee, High Court of Orissa Justice Sangam Kumar Sahoo said, “We need to nurture the children for a better society.”

The Consultation was attended by the Principal Magistrates of Juvenile Justice Boards (JJBs), Secretaries of District Legal Services Authorities, representatives of SJPUs, the DCPOs and Superintendents of Observation Homes, OSCPS, representatives of W & CD and UNICEF, NGOs and members from Civil Society Organizations also attended the consultation.

The first technical session was chaired by Justice Savitri Ratho, Judge, High Court of Orissa & Member, Juvenile Justice Committee, High Court of Orissa. Mr. Manna Biswas, Child Protection Specialist discussed on the facts leading the children to come in conflict with law and the importance of prevention and intervention reducing recidivism among children.

Smt. Shyni S, I.G.P (Training), Biju Patnaik State Police Academy, Odisha spoke about the collective approaches to prevention of crimes and the role of training institutions and academies for the duty bearers. Mr. Lingraj Panda, Director, ICDS, Department of W & CD, Government of Odisha shared the experience in Odisha in preventing children from coming in conflict with law and the recent initiatives taken in the direction and also reflected on the challenges.

The second technical session was chaired by Justice Sangam Kumar Sahoo, Judge, High Court of Orissa & Member, Juvenile Justice Committee, High Court of Orissa. Ms. Nimisha Srivastava, Country Director, Counsel to Secure Justice discussed on the current initiatives in dealing with the issues relating to juveniles. Mr. Shefeen Ahamed K, IG of Police, CID-CB, Odisha, Cuttack reflected on the possible alternatives to detention of juveniles in conflict with law.

The third technical session chaired by Justice Murahari Sri Raman, Judge, High Court of Orissa & Member, Juvenile Justice Committee, High Court of Orissa. Dr. Kalpana Purushothaman, Adjunct Prof. at IIPR & Member, JJB, Bangalore discussed on the need of child friendly JJBs and their role in rehabilitation and prevention programmes. Mr. Keshav Kumar, IPS (Retd.) discussed on the methods of investigation with regard to children, the ideal manner of interaction with them and use of scientific tools in investigation. Mr. Sudipta Acharya, Member Secretary, OSLSA informed about the legal-aid provisions for childrens in conflict with law in Odisha and shared the experiences and challenges.

The fourth technical session chaired by Justice Murahari Sri Raman, Judge, High Court of Orissa & Member, Juvenile Justice Committee, High Court of Orissa. Dr. Kalpana Purushothaman, Adjunct Prof. at IIPR & Member, JJB, Bangalore and Mr. Shyam Sundar Dash, Director, Public Prosecutions discussed on the legal provisions regarding minimum age of criminal responsibility and spoke about preliminary assessment regarding age of criminal majority provided under the statute.

The fifth technical session chaired by Mr. Manna Biswas, Child Protection Specialist. Ms. Nimisha Srivastava, Country Director, Counsel to Secure Justice reflected on the rehabilitation and restorative practices in various parts of the world. Ms. Sachi Maniar, Ashiyana Foundation shared the experience of her NGO and other child care institutions in dealing with rehabilitation and restoration. Mr. Lingraj Panda, Director, ICDS, Department of W & CD, Government of Odisha shared the experience in Odisha in rehabilitation of children in conflicts with law and also reflects the challenges and the way forward.

It was jointly organized by Women and Child Development Department and UNICEF under the aegis of Orissa High Court.