Juvenile Justice Act a good legislation but not implemented effectively, Justice (retd.) Madan Lokur

The Juvenile Justice (Care and Protection of Children) Act, 2015 (Juvenile Justice Act) is hailed as a very good legislation but we are unable to implement it effectively, Justice Madan Lokur, retired Judge of the Supreme Court said on Saturday..Justice Lokur was speaking at the National Juvenile Justice Consultation Conference organized by the Juvenile Justice Committee of the Supreme Court in partnership with UNICEF when he raised three main concerns dealing with the implementation of the laws, follow up action, and the issue of rehabilitation and reintegration of children..Justice Lokur was the Chairperson of the Juvenile Justice Committee. The Committee had begun the annual process of holding a roundtable conference and four such conferences were held under his Chairmanship. Speaking at the fifth such conference, Justice Lokur highlighting the issues, said,.” We have heard so much about the Juvenile Justice Act being a good legislation and it is correct, it is perhaps one of the most progressive legislations in the world but we are unable to implement it effectively.”.Justice Lokur pointed out that one of the main areas of concern in implementation is ensuring that the homes that the children are lodged at are registered. He added that despite several directions from the Apex Court, as well as from the governments, registration of such homes is not done, leading to various issues ranging from sexual abuse of children to trafficking and drug-related issues..“The registration of homes has been going on since the Juvenile Justice Act (came into force)… Courts have issued directions for registrations for homes and the governments – Central and States – have issued directions… but after so many years, registration of homes has not been done and that’s why you have so many issues coming up,” Justice Lokur said..One of the primary and fundamental things that need to be looked at, therefore, is whether or not the laws are being implemented effectively, Justice Lokur elaborated. saying that it is the duty of all the persons in official positions to ensure that the same is done..Further, Justice Lokur also pointed out that the follow-up action is grim given that any disturbing incident that comes to light is spoken of for a few days before it subsequently dies down..Citing an example of the Muzaffarpur Shelter Home case, Justice Lokur said that the question that needs to be asked is if it was a one-off incident or if it is a plaguing issue. However, he added that the voices subsequently died down, with nobody speaking about it any longer. Follow up action also includes visits to such homes to ensure proper standards are maintained and to look into the implementation of welfare schemes which is not being done, he added..Justice DY Chandrachud, who delivered the keynote address at the inaugural session of the conference, also touched upon the concern raised by Justice Lokur and said that there is an absence of a laid down standard as well as in the implementation of this standard when it comes to shelter homes. It is this combination that has led to so many disturbing instances of abuse coming from shelter homes across the country, he said..Justice Chandrachud said that the Juvenile Justice Act provides for children in conflict with the law and children in need of protection and care. These, however, sometimes fall within the scope of the same category. He remarked,.“Given the deplorable living conditions of many children in India, it is imperative to acknowledge that children in conflict with the law are not just offenders, but in many cases, they are children who are in need of care and protection. The Act seeks to cater to the basic needs of such children through provisions for proper care, protection, development, treatment, social re-integration and by adopting a child-friendly approach in the adjudication and disposal of cases.”.Justice Deepak Gupta, who is the Chairperson of the Juvenile Justice Committee of the Supreme Court, delivered the welcome address. He too spoke about the violation, that too with impunity, of the provisions of the Juvenile Justice Act. Justice Gupta highlighted the need for alternative systems to provide care to the children in place of institutionalizing them. He spoke of a desirable set up where, instead of an institution, the children lived in a family-like set-up in a home with their care-givers..Justice Gupta also mused that the ultimate goal that should be aimed at, as a society, is for a situation where there is no longer a need for Juvenile Justice Committees.