Skip to main content

J&K 'atrocities' on children: Juvenile Justice Committee relied just on DGP arguments

Counterview Desk
Well-known human rights organization Citizens for Justice and Peace (CJP), which actively campaigned for justice for 2002 Gujarat riot victims, and is currently involved in helping out vulnerable sections declared "foreigners", has pointed towards how there is an effort to water down atrocities on children in Kashmir following the August 5 clampdown.
Quoting from an affidavit filed in the Supreme Court by child rights activist Enakshi Ganguly in response to a report by the Juvenile Justice Committee, a CJP note says that, for all practical purposes, the committee accepts arguments forwarded by DGP, Jammu and Kashmir without questioning it.

Text of the note:

Enakshi Ganguly, a child rights activist, who moved the Supreme Court (SC) demanding protection for children and teenagers allegedly detained by security forces in wake of the abrogation of Article 370 in the region, has punched holes in the Juvenile Justice Committee’s (JJC's) report on the matter to the SC.
In September this year, SC directed the Jammu and Kashmir (J&K) High Court’s Juvenile Justice Committee to conduct an inquiry into the allegations. On September 26, JJC submitted its report giving a virtual clean chit to security forces. But now, Ganguly has made a comprehensive analysis of the report and discovered that JJC has merely reproduced the submission of the Director General of the Police (DGP).
In her rebuttal of the report Ganguly says, “… the Report of the Juvenile Justice Committee that relies only on the response of the selfsame party (without having heard any other stakeholder), and without having applied its mind to it does not serve the purpose of the exercise.”
JJC in its report to SC says that, upon being communicated, the apex courts order, it convened a meeting on September 23, and “resolved to ascertain facts from the concerned state agencies as to the assertions and allegations made in the writ petition in question, based on media reports.”
In its submission before SC, JJC says that DGP has refuted media reports alleging detention of children. It quotes DGP’s submission as follows, “It is pertinent to state that no child kept or taken into illegal detention by the Police authorities as strict adherence is placed on the provisions of Juvenile Justice (Care and Protection of Children) Act.”
It would be important to know how the childlines established in Srinagar, Budgam and Anantnag are being run
The JJC report then reproduces large chunk of DGP’s report where he takes on each allegation of detention and/or violence against children as “facts having been imagined from thin air”, “generated with the intention to malign the police”, or “to create the story which may have element of sensationalism."
To this, Ganguly argues in her response affidavit saying:
“There are numerous unconnected and independent reports from fact-finding teams of concerned citizens and activists, mainstream newspaper, both domestic and international, video reports etc. which strongly allege instances of excesses against children.
"They have been coming out consistently and are. available in the· public domain. It is submitted that their summary dismissal as ‘false’, ‘motivated lies’ would be to our own detriment and to the detriment of our Constitutional morality.”

Ganguly has another key question for DGP. She asks:
“A bald assertion has been made in DGP’s Report at Page 25 to the effect that ‘ child welfare committees’ are effectively working. In Fact, a good barometer of their effective working would be reduced encounter of security personnel with children in need of care and protection, for it should ideally be the task of ewes and childlines to help and counsel children. It would be important to know how the childlines established in Srinagar, Budgam and Anantnag are being run. How may calls have they received/ responded to after August 5, 2019?”
She adds, “It is surprising and unfortunate that DGP’s report should presume to comment on the motives of the Petitioners. The unsubstantiated comments are defamatory, but more critically they seem to dismiss the culture of judicial review of executive action, and of upholding constitutional rights.”
In its submission before SC, JJC has also stated that it resolved to obtain data about “bail applications or Habeas Corpus petitions, if any, moved on behalf of juveniles or where it was claimed that the arrested person(s) or detainees were juveniles, and the process undertaken therein.”
In this regard Ganguly says:
“That two excellent sources of independent verification are also identified in the aforesaid minutes: Habeas Corpus petitions filed on behalf of minors and bail applications on behalf of minors filed before the subordinate Courts.
"However, it may be noted that since the J&K Juvenile Justice (Care and Protection of Children) Act, 2013 offers a separate mechanism for trial of children in conflict with law, it is the Juvenile Justice Board, under Section13 that would grant or reject a Minor’s bail application. Thus, the Juvenile Justice Board may certainly be directed to furnish copies of bail applications, as also of the FlRs produced before them.”

She adds, “Section 14 of the Act also directs that at the point of arrest, the special juvenile police unit must immediately inform the parents/guardian of the factum of the minor’s arrest and also give notice to them to be present before the Board, before which the child would appear. Thus the Juvenile police unit must have records of all such notices issued to Parents and corresponding appearances and Orders of the Board. The Committee may direct those to be placed on record.”

Comments

TRENDING

August 22 to be observed as Apostasy Day: International coalition of ex-Muslim groups

By Our Representative
In a unique move, an international coalition of ex-Muslim organisations has decided to observe August 22, 2020 as the Apostasy Day. To be observed for “the abandonment or renunciation of religion”, the coalition, calling upon people to join the call, said, the decision to observe the Apostasy Day has been taken because of apostasy is “punishable by death in Afghanistan, Iran, Malaysia, Maldives, Mauritania, Qatar, Saudi Arabia, Somalia, UAE, and Yemen.”

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

By Our Representative
Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book, "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

RSS' 25,000 Shishu Mandirs 'follow' factory school model of Christian missionaries

By Bhabani Shankar Nayak*
The executive committee of the International Union of Anthropological and Ethnological Sciences (IUAES) recently decided to drop the KISS University in Odisha as the co-host of the World Anthropology Congress-2023. The decision is driven by the argument that KISS University is a factory school.

India must recognise: 4,085 km Himalayan borders are with Tibet, not China

By Tenzin Tsundue, Sandeep Pandey*
There has as been a cancerous wound around India’s Himalayan neck ever since India's humiliating defeat during the Chinese invasion of India in 1962. The recent Galwan Valley massacre has only added salt to the wound. It has come to this because, when China invaded the neighbouring country Tibet in 1950, India was in high romance with the newly-established communist regime under Mao Zedong after a bloody revolution.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur*
Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Time to give Covid burial, not suspend, World Bank's 'flawed' Doing Business ranking

By Maju Varghese*
On August 27, the World Bank came out with a statement suspending the Doing Business Report. The statement said that a number of irregularities have been reported regarding changes to the data in the Doing Business 2018 and Doing Business 2020 reports, published in October 2017 and 2019. The changes in the data were inconsistent with the Doing Business methodology.

Delhi riots: Cops summoning, grilling, intimidating young to give 'false' evidence

Counterview Desk
More than 440 concerned citizens have supported the statement issued by well-known bureaucrat-turned-human rights activist Harsh Mander ‘We will not be silenced’ which said that the communal riots in Delhi in February 2020 have not been caused by any conspiracy, as alleged by the Delhi Police, but by “hate speech and provocative statements made by a number of political leaders of the ruling party.”

WHO chief ignores India, cites Pak as one of 7 top examples in fight against Covid-19

By Our Representative
In a move that would cause consternation in India’s top policy makers in the Modi government, Dr Tedros Adhanom Ghebreyesus, World Health Organization (WHO) director-general, has singled out Pakistan among seven countries that have set “examples” in investing in a healthier and safer future in order to fight the Covid-19 pandemic.

Tata Mundra: NGOs worry as US court rules World Bank can't be sued for 'damages'

By Kate Fried, Mir Jalal*
On August 24 evening, a federal court ruled that the World Bank Group cannot be sued for any damage caused by its lending, despite last year’s Supreme Court ruling in the same case that these institutions can be sued for their “commercial activity” in the United States.