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DIALOGUE WITH UNICEF ON 'JUDICIARY AND CHILD RIGHT IN INDIA', NEW DELHI
Date : 25-08-2007
A discussion was held on the topic 'Judiciary and Child Rights in India' jointly organized by LAF and UNICEF. The topic attracted a number of legal luminaries including Judges from the Supreme Court of India and Delhi High Court, academicians as well as lawyers, all of whom were keen not only to express their views on the problems concerning child rights but also to arrive at a solution aimed at eliminating the root cause of such problems.
‘The initiation of the discussion was preceded by power point presentation by Mr.Vijay Hansaria, President LAF regarding object and vision of the Forum and the activities carried out so far. Mr. P.I.Jose, Secretary LAF made a visual presentation of the on the role of judiciary in India in protecting child rights. The Forum’s team also comprised of Prof. (Dr.) Usha Tandon, Vice President, Mr.K.S.Bhati, Treasurer, Mr.Anupam Mishra, Ms Sneha Kalita and Mr. Jayesh K.U., Members, Executive Committee, LAF.
Hon’ble Justice R.V.Raveendran, Judge, Supreme Court of India said that even after incorporation of Article 21-A in the Constitution, (Right to education to children upto 14 years of age) as a fundamental right, the said Article was not a reality as yet, since it has not been notified by the Central Government and no policy has been framed in order to implement the same. Justice Raveendran added that most of the legislations in respect of children are good law on paper but not in practice.
Ms. Martha Santhos Pious, Director, UNICEF Innocenti Research Centre expressed her views on various issues such as inter country adoption of children and child sexual abuse on the internet. Ms. Martha commented on the role played by the judiciary in India not only in respect of Child Rights but also in respect of Human Rights generally. According to her, judicial activism in India was a source of inspiration to judiciary of other developing countries. However, Ms. Martha also expressed her concern for the lack of initiative on part of the executive wing in India. While quoting the example of Philippines, she said that the Asian countries must learn from the steps taken in that country to overcome the problem of non-implementation of existing laws by the executive.
Hon’ble Mr.Justice Madan.B. Lokur, Judge, Delhi High Court, portrayed the practical difficulties faced while implementing the provisions of Juvenile Justice (Care and Protection) Act, 2000 in Delhi. He pointed out that there were more than 4,500 cases pending and while the Act required that cases involving juveniles be disposed of with in 4 months, this was not practically possible. Also, Magistrates who deal with juvenile cases lacked proper training as they did not posses any knowledge about child psychology which is a mandatory requirement. He also brought forth the conditions in which the Children were being kept in Juvenile homes, where there were no proper facilities and the living conditions were very poor.
Hon’ble Dr. Justice S. Muralidhar , Judge, High Court of Delhi said that the existing resources were not being mobilized properly as the various Legal Service Authorities were actually returning the unspent funds to the Government. According to him these excess funds could be directed towards training of the magistrates and upgrading Juvenile Homes.

Hon’ble Ms.Justice Reva Khetrapal, Judge, High Court of Delhi highlighted about plight of the children whose parents are in jail. It was mentioned that there was no proper establishment where such children could be sent and given minimum facilities.

Hon’ble Justice Shivraj V Patil, Member, NHRC who said that co-ordination between various organs was the key for solving some of the problems faced by the children. Justice Patil also emphasized the role of National Commission for Child Rights and was of the view that the whole process must be sensitized so that there can be immediate response to any child right violation.

In regards to providing training to the magistrates in child psychology it was agreed that UNICEF would join hands with the judicial academy and start a regular programme.
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