‘Juvenile-centric’ boards gaining ground in Kashmir

When his name was called for the inquiry, Ziyaan (name changed) wasted no time in standing up before the members of the Juvenile Justice Board. On being asked to produce his school certificates, he blushed and smiled at his marks.

“Your performance should improve next time,” one of the members told him. Ziyaan said he would do his best and smiled again.

This is a scene from the Juvenile Justice Board (JJB) in Bemina, Srinagar. It doesn’t look like a regular court by any means. There are no elevated daises, no black-robed lawyers and no harsh legalese spoken that would otherwise haunt the juveniles in adult courts. “This has institutionalised the whole concept of juvenile justice,” explains Parvaiz Iqbal, principal magistrate, JJB Srinagar. “While courts are victim-centric, JJBs are juvenile-centric.” These JJBs are a product of the amended rules of the Juvenile Justice Act, 1997.

Before, juvenile cases in Jammu and Kashmir were referred to adult courts where they would mingle with general cases. “However, now the ambience surrounding these children has been changed for good. We don’t take them to courtrooms anymore so they don’t get the impression that they’re rubbing shoulders with accused or culprits,” says Justice (R) Hasnain Masoodi, chairperson of the Selection and Oversight Committee monitoring the implementation of the law in the state.

JJBs are aimed at rehabilitating children who are in conflict with the law. Iqbal says, “In regular courts, we adopt a stringent approach towards offenders, but here, we adopt a reformative and restorative approach so as to make the juveniles better individuals. We counsel them and try to make them understand the difference between right and wrong.”   

The working of a JJB

The JJB in Bemina caters to juvenile cases from Srinagar city. It’s one of 22 boards that have been set up in the 22 districts of the state. Staff members of the JJBs were appointed in January this year whereas the boards began functioning on August 24 due to what JJB officials cite as “financial constraints”.

Previously, the concerned chief judicial magistrates (CJMs) in each district were empowered to deal with cases of children in need of care and protection. Now, in eight districts—Srinagar, Anantnag, Baramulla, Jammu, Doda, Rajouri, Leh and Kargil—principal magistrates have been appointed for the JJBs. “In the remaining 14 districts, the CJMs have been given the additional charge of principal magistrates who visit their respective JJBs to deal with juvenile cases,” says Justice Masoodi, adding that the 14 posts of the principal magistrates in these JJBs are expected to be sanctioned in the near future.   

Now that the JJBs are in place in each district, the juvenile cases have been transferred from the CJMs to the concerned boards. “In Srinagar, 300 cases have been transferred from the CJM to the JJB, of which 10 cases have been disposed of. Besides, we have received fresh 10 cases,” says Khairulnisa, a member of JJB Srinagar. “We are supposed to dispose of any case within four months of inquiry. If a case is not disposed of within the stipulated time, it shall be terminated by default.”

According to data gathered by JJB Srinagar, 1,631 cases are currently pending before JJBs across the state. The National Crime Records Bureau report mentions only 198 cases, but the JJB survey was more comprehensive. “Now see the variation: our mapping says the number is much higher. We are now in the process of resolving these cases,” says Khairulnisa, adding that Srinagar has the highest number of cases (300) followed by Baramullah with 210 cases.

JJB Srinagar is composed of a principal magistrate and two members (social workers) in accordance with the Juvenile Justice Act, besides clerical staff and workers. “We still need probationary officers and some other workers. The recruitment process shall be completed within some time,” says Parvaiz Iqbal, the principal magistrate. He visits the board twice a week for sittings on Tuesdays and Saturdays, whereas the members are available on all days except Sundays. Once a juvenile is apprehended by the police, he has to be produced before the board. If the board is not sitting, he can be produced before an individual member of the board.

The JJB receives all kinds of cases, from stone-pelting to murder to robbery. On an average, 30 to 75 cases are heard in a day.

Earlier JJB Srinagar was situated at Harwan area where a juvenile observation home is located. “However, since it would be inconvenient for children and their parents as well as lawyers to reach there, it was shifted to Bemina,” says Khairulnisa.

A different set of rules

The Juvenile Justice Act, 1997 was amended in 2013. The amended rules laid out the formation of JJBs in each district of Jammu and Kashmir with the purpose of protecting the rights of children in conflict with the law. However, the JJBs were absent till only some time ago—officials admit the JJBs should have been set up before—and consequently, the juveniles had to appear in regular courts.

“Visiting a court was quite challenging. I used to visit four to five times a month, which would drain me physically, mentally as well as financially,” says Aasim (name changed), a juvenile from Srinagar’s old city. Before the JJBs were established, Aasim had been facing trial in the Lower Court, Srinagar, for over a year. He says, “Since adult offenders could also be there in a regular court, I always felt like I am a criminal. At JJB, however, we are not treated like adults.”

Like many other juveniles who are facing charges of rioting under Section 147 of the Ranbir Penal Code (RPC), Aasim was arrested in 2016 for allegedly pelting stones at armed forces during clashes over the killing of Hizbul Mujahideen commander, Burhan Wani. Barely 16 then, Aasim was shifted to the Central Jail Kotbhalwal Jammu. Even though he was later released on bail, his troubles did not end. He has been pleading his case ever since.

Another juvenile, Saamin (name changed), of Bota Kadal, Lal Bazaar, has been facing charges of stone-pelting since September 13, 2015, when clashes broke out in Hazratbal area in Srinagar during the Kashmir International Half Marathon. He was detained in Nigeen Police Station for seven days before being released on bail. “Since then I have been pleading my case at the Lower Court, where I had to come across adult accused every other day,” says Saamin.

This is Saamin’s first time at JJB Srinagar and “I already feel the difference,” he says.

Juveniles face a different set of rules compared to their adult compatriots in the Lower Court. As per the Juvenile Justice Act, it has to be presumed that a minor is not aware of the consequences of his actions or might have been exploited by somebody else—for example, in the case of drug peddling. Even the official terminology used for juveniles is different. For instance, “trial” becomes “inquiry”, “arrest” becomes “apprehension”, and “chargesheet” becomes “inquiry report” for juveniles.

Parvaiz Iqbal says, “While investigating juvenile cases, we are not supposed to use the terminology that is used for adults for it can hurt their innocence. However, the procedure of investigation remains the same.”

He adds that the JJBs abide by the principle of parens patriae, which says political authority carries with it the responsibility of protection. “Here we have a child-friendly atmosphere. The juveniles do not get the feel of a courtroom. So our purpose has been achieved to some extent. This is definitely one of the most important steps towards achieving the target of UN protocol and constitutional mandate. With the passage of time, things shall only improve.”

There have been further amendments in the Juvenile Justice Act, 2013, and the new legislation is likely to come within a few months.  “The basic essence of the Juvenile Justice Act is that a child should not be exposed to an environment which is not suitable for him given his age. That essence was lost before when a child was taken to the court,” says Iqbal.  

After an offence is registered, the first thing the police must determine is the age of the offender. “If it is found to be below 18 years, he cannot be placed in police custody as per the Act,” says prosecuting officer Mirza Zahid Khaleel. “We have to immediately produce him before the JJB in a private vehicle, wherein nobody is in police uniform. If the juvenile is found guilty, the board cannot punish him with a death sentence, life imprisonment or other sentences. He is instead sent to an observation home for a reformative period of up to three years, during which he receives counselling and treatment, if required, from doctors and other experts.” He says the children are also given skills-based training in the observation homes to rehabilitate them.

This report is part of NFI’s National Media Awards Programme.