In a first in India, DCPCR orders full-fledged probe to check if kids in conflict with law aware of legal rights

New Delhi: In a first of its kind all-encompassing study in India, the Delhi Commission for the Protection of Child Rights has now ordered an inquiry into the awareness of legal proceedings and the status of their cases among children in conflict with the law (CCLs) residing across various Observation Homes, Place of Safety and Special Homes across Delhi.

The child rights panel here has hereby ordered the constitution of a four-member panel led by Justice (Retd) Madan B Lokur, which will look into various aspects of the legal aid (including the quality of services) available to children at these homes, how long and why they have remained in children's homes and the challenges they face in securing bail or release (where applicable).

Significantly, the inquiry panel will also be visiting the childcare homes, speaking to the CCLs to find out about the lived experience of dealing with the police and the troubles they might face understanding or even knowing more about their respective cases.

A source aware of developments told Millennium Post that the Commission called for this "full-fledged" inquiry after taking cognizance of the severe delays in the release of children in conflict with the law and the poor awareness among children about their legal rights and the status of their respective cases.

DCPCR chief Anurag Kundu declined to comment on the matter.

Significantly, the DCPCR order directing the inquiry said that the panel will also look into the "demographic profile involving social, economic and educational status of the family of such children" along with any other matter connected or related to the aforementioned subjects of probe.

Bharti Ali, a subject matter expert and the Executive Director of Haq Centre for Child Rights said that she hopes the inquiry and its findings will go a long way to provide proper legal aid to the CCLs — the lack of which she says is currently one of the major problems in the juvenile justice system.

Bharti said that it is not so much that public defenders are not available for the CCLs but there is currently no system to monitor the quality of services they provide.

She added that many times, children are not assigned legal aid for days on end when the police delay production before the Juvenile Justice Board, adding that another problem is that these children and their families are often unable to find the money to pay the bail bond and sureties. "It is the lawyers' responsibility to inform the JJB that the child and their family are in no position to arrange for this money and seek a waiving of these amounts."

Meanwhile, Senior Advocate, Vrinda Grover told Millennium Post that while the JJ Act is a beneficial law designed to make sure authorities act in the best interest of the child concerned, "the entire scheme stands nullified if those responsible under the law fail to strictly adhere to it, out of ignorance or indifference, jeopardising the fate of the child in conflict with law".

She added, "This Committee can provide an important evaluation of the implementation of the law and bring to the fore the lacunae and shortfall that need urgent redress. I welcome this Committee as an important step in the direction of regular monitoring and evaluation of the enforcement of the law and state's obligation towards safeguarding children in conflict with the law."

The report of the panel in this matter is expected to be submitted to the DCPCR within five weeks.