Legal Assistance Forum - WORKSHOP CUM SEMINAR ON ‘FURTHERING JUSTICE DELIVERY STANDARDS FOR CHILDREN’, GUWAHATI, ASSAM

WORKSHOP CUM SEMINAR ON ‘FURTHERING JUSTICE DELIVERY STANDARDS FOR CHILDREN’, GUWAHATI, ASSAM.
Date : 15-03-2008

Segment II: Inquiry Process.
This session was chaired by Hon’ble Mr. Justice I.A. Ansari, Judge, Gauhati High Court. He stated that law is set according to the need of the society. Juvenile Justice Act also enacted keeping in mind the best interest of child and the Board should take utmost care in speedy disposal of the cases. He also stated that Board can pass effective orders even in the absence of a member or Principal Magistrate except final order. He was also of the view that the Board should not look like a court room and it is the duty of the Juvenile Justice Board to see that the parents of the Juvenile are informed before the proceedings starts.

Mrs. Junu Neog, Deputy Secretary to the Government of Assam, Social Welfare Department gave a detailed report of about the steps taken by the State Government in last two years to strengthening the Juvenile Justice Board and Child Welfare Committee. She stated that till 2007 there were only 3 JJBs and 13 CWC but after 2007, there are 21 JJB and 22 CWC constituted. She also stated that the State shall very shortly will notify the State Juvenile Rules.

Mrs. Ritu Bhardwaj, National Joint Secretary, LAF who facilitated the speakers in this session said that bail has to be granted to juvenile except they fall into one of the categories of section 12 of Juvenile Justice Act.

Segment III: Post Inquiry intervention.

This session was chaired by Dr. Jyoti Prasad Bora, Principal, University Law College, Guwahati. He stated that Juvenile Justice System is a sensitive issue and every student must know in depth about the Juvenile Justice Act & Rules 2007. He emphasized that student's participation in the proceeding will also them in having practical experience. He requested the concerned authority to make some arrangement like assigning project to students so that they are allowed to sit in the Board Room and assist the Board and also Probation Officers in enquiry proceedings.

The session was co-chaired by Father Lukose, Founder Director of Snehalaya (Destitute Home), Guwahati .He stated that in post inquiry system, the role of Probation Officer is very important as they are the persons who interact with the Juveniles in Homes. The Homes should provide education and vocational training for Juveniles for their rehabilitation and reformation and State Government must give sufficient infrastructure to run the Homes efficiently.

The last speaker of this session was Mrs. Marry Gogoi Medhi, Jt. Secretary, Assam Chapter, LAF who facilitated the speaker in the session emphasized that rehabilitation is very important for reforming Juvenile in conflict with law.

Interactive Session

After the working session was over there was an interactive session and open house discussion between LAF members and all the participants relating to the problems facing by JJ Members, Probation Officer and police officers while dealing with Juvenile and the queries were put to LAF members by the participants relating to different provision of the Act and Rules 2007.

1	Some of the Magistrates expressed their difficulty in conducting proceeding as they were overburden with regular court work and lack staff members to assist them in the proceedings. LAF members requested the State Government to provide them with staff members.

One of the queries was that whether advocate can also represent the Juvenile in proceeding as it was a practiced in Guwahati and Jorhat that lawyers are not supposed to assist the Juveniles. By clearing this doubt, LAF members stated that Act does not restricts the lawyers to represent or give legal aid to Juvenile.

There was also a question from police officer that whether any prosecutor is required for conducting proceedings. LAF member clearly answered this query by stating that no prosecutor is required while conducting the enquiry as while dealing with Juvenile, Board does not conduct the enquiry in the strict adversarial proceeding.

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