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The Print
9 hours ago
- The Print
Indian justice system fails children every day: Madan Lokur
While a robust legal framework exists to protect children's rights, significant barriers continue to impede their access to justice, especially for children from marginalised communities, rural areas, or conflict-affected regions. India has passed several progressive legislation to protect child rights such as the Protection of Children from Sexual Offences (POCSO) Act, 2012, Commissions for Protection of Child Rights Act, 2005, the Prohibition of Child Marriage Act, 2006, the Right to Education Act, 2009, and the Juvenile Justice (Care and Protection of Children) Act, 2015. Complementing these laws are strategic litigation, government schemes, active participation of civil society organisations, and National Legal Services Authority (NALSA). The right of every child to seek and obtain justice is a cornerstone of a just and equitable society. Recognising this, the UN Committee on the Rights of the Child has dedicated its 27th General Comment to 'Children's Rights to Access to Justice and Effective Remedies'. Access to justice is not only about courtrooms and legal aid, it is also a means to combat inequalities, challenge discriminatory practices, restore denied entitlements, and ensure fulfilment of obligations by state and private actors. The Crime in India Report 2022 reveals that the crimes committed against children in India are more than three times those committed by children. A staggering 1,62,449 crimes were committed against children that year, while crimes committed by children was 30,555. This highlights the urgent need for more effective and accessible remedies for child victims of crime. Also read: What are sections 75 & 77 of Juvenile Justice Act, invoked for father of teen in Pune Porsche case Barriers to children's access to justice Children often face barriers long before they enter the justice system. Social stigma, caste, and gender discrimination as well as fear prevent children from approaching teachers, police, and local leaders to report crimes even in cases of grave violations. As the recent events in Kolkata show, even young adults are afraid to call out offenders. While free legal aid is mandated by law, it is more frequently provided to children in conflict with law. The rights of victims have not really been implemented. Most legal aid lawyers are often overburdened with work and undertrained in child rights. There are allegations of legal aid lawyers engaging in malpractice and misconduct by not attending court proceedings and collecting fees, though they must provide the service for free. This contributes to prolonged legal inquiries, thereby denying real access to justice. Child rights initiatives are concentrated in metropolitan areas while children in rural areas are left with makeshift courts such as village panchayats for dispute resolution. Furthermore, children in regions of conflict (such as Jammu and Kashmir, and Manipur) either do not have access to legal services at all or have limited access. Street children and child domestic workers face compounded challenges due to a lack of documentation, fear of authority, and socio-economic vulnerability. Reforming the system: Key recommendations To make the justice system accessible to children, it is important to provide trained legal aid counsel, establish child-sensitive and child-friendly courts with specially trained judges, use plain language, engage translators, and provide support persons and case workers who can assist parents and children in court procedure. Video conferencing can be used to make courtrooms and legal consultation accessible in remote areas. This can reduce the financial burden on the victim to travel to court. Beyond the courtroom, child services must include counselling, therapy, psychiatric support, social reintegration, education, and financial assistance. Consistent monitoring of child rights violations by location, gender, caste, and type of crime can help develop targeted strategies and deliver focused services in specific regions. Litigation by child rights organisations has played an important role in advancing protections for children. In State v. Sujeet Kumar (2014), the court ordered the establishment of separate deposition complexes to shield children from the intimidating environment of regular courtrooms. In Kaum Faqeer Shah v. Ministry of Labour and Employment (2024), district and sub-divisional magistrates in Delhi were directed to work closely with child welfare committees to rescue children from child labour and ensure the recovery of back wages. In Court on its Own Motion v. Department of Women and Child Development (2012), the court ordered that all children under the age of 18 be identified and transferred from adult prisons to observation homes within Delhi's prison system. Some of the best practices under the POCSO Act, 2012 include (i) the appointment of a 'Support Person' to provide emotional and psychological support to child victims during legal proceedings and ensure their well-being and protection, (ii) the establishment of vulnerable witness deposition complexes, (iii) the availability of counsellors and translators for children, (iv) allowing child victims to be heard during bail hearings. These protections are supplemented by the JJ Act, 2015, which contains measures such as (i) Principal Magistrates dressed in civilian clothing to appear more approachable to children, (ii) resolving cases involving petty offences within six months, or terminating them if not resolved within that period, (iii) the appointment of Project Monitors to monitor a child's rehabilitation and progress through Individual Care Plans, (iv) maintaining the confidentiality of proceedings, and (v) providing the right to be forgotten to children in conflict with the law. Also read: Irregular meetings with mom, bullying: Grim findings of NCPCR survey on women prisoners' kids Government initiatives and digital solutions Sexual offences against children remain a grave concern. To address them, the Ministry of Home Affairs has launched the National Database on Sexual Offenders (NDSO), which collects and maintains records of all sexual offenders. As per the NDSO Annual Report (2022-2023), the database holds information on more than 1.2 million sexual offenders. Another initiative, the Investigation Tracking System for Sexual Offences (ITSSO), allows states to track the progress of sexual offence investigations through a cloud-based software system, which has reportedly improved compliance rates. The judiciary has also contributed by supporting the creation of the Track Child Portal and permitting the use of Facial Recognition Software to trace missing children. During its initial trial, the Delhi Police were able to locate 3,000 missing children within just four days. Several legal aid schemes have been launched to support children, including: — the NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015, which provides for mobile legal aid clinics, one-stop centres in rural areas, and legal services clinics within child welfare institutions; — the Delhi Scheme for Financial Sustenance, Education & Welfare of Children of Incarcerated Parents, 2014, which offers legal aid and welfare support to children of incarcerated parents; and — the NALSA Legal Services for Differently Abled Children Scheme, 2021, which ensures access to legal aid for children with disabilities. An important aspect of access to justice for children is the principle of restorative justice. While the JJ Act does not explicitly provide for restorative justice mechanisms, civil society organisations such as Enfold India and Counsel to Secure Justice are working with child care institutions and within the child protection framework to create safe spaces for the healing and rehabilitation of children in conflict with the law. Grassroots participation is also critical. Stakeholders such as Anganwadi workers, through the Integrated Child Development Scheme (ICDS), play a key role in reporting child rights violations. Their involvement helps bridge the gap between child victims and the institutional apparatus, which is in place for addressing such crimes. Mission Vatsalya: A comprehensive approach Mission Vatsalya, launched by the Government of India in 2021-2022, is an important strategy of the Ministry of Women and Child Development to facilitate children's access to justice. It is an amalgamation of three schemes that existed prior to 2009–2010: (i) the programme for juvenile justice for children in need of care and protection and children in conflict with law, (ii) the integrated programme for street children, and (iii) the scheme for assistance to homes for children (Shishu Greh). Key features of Mission Vatsalya include: (i) promotion of family-based, non-institutional care for children, (ii) promotion of legal adoption, (iii) strengthening of emergency response systems, including 24×7 child helplines, (iv) enhancing coordination across all levels of governance—from village panchayats to the central government, (v) encouraging private sector participation to support children within the legal framework, (vi) integration of digital platforms such as TrackChild (for missing children), CARINGS (for adoption), ICPS (for scheme monitoring), and Khoya-Paya (a citizen-centric application for missing and sighted children) into a unified digital ecosystem, (vii) monthly financial support for children in institutional and non-institutional care through the PM CARES for Children initiative. Vatsalya Mission is implemented through the State Child Protection Society, established under the JJ Act, 2015, and coordinated at the district level by the District Magistrate and District Child Protection Unit. Implementation is supervised at the state level by the State Child Welfare and Protection Committee. Mission Vatsalya serves as a model for coordinated, rights-based governance for child protection and access to justice. Toward a rights-based future Access to justice is not a privilege—it is a right. While India's legal frameworks and innovations mark important progress, much work remains to make justice inclusive, child-sensitive, and truly accessible. From strengthening legal aid and expanding restorative approaches, to using technology and empowering communities, a comprehensive, intersectional, and participatory approach is vital. Access to justice can be realized only through sustained political will, coordination across sectors, and the recognition of children not merely as passive recipients of care but as rights holders and active participants in justice. NGOs across the country are doing a fine job in all areas of child rights and must be encouraged, with financial support, if necessary. Justice Madan B Lokur is a former judge of the Supreme Court. Raagini Raghu is a lawyer practicing in Delhi and Bengaluru. She tweets @raagini202. Views are personal. (Edited by Prashant)


Morocco World
13-06-2025
- Politics
- Morocco World
CNDH Elevates Children's Voices as Central in Government Legislation
Rabat – The National Human Rights Council (CNDH) in Rabat has brought together children from across Morocco for a two‑day national consultation on June 13 and 14 to strengthen child rights. The event marked the culmination of a year‑long journey of 12 regional consultations held between February 2023 and February 2024. Supported by UNICEF Morocco, the initiative aims to firmly embed the principle of children's participation into Moroccan laws and administrative procedures. CNDH President Amina Bouayach opened the session alongside children's representatives from each region. 'We are holding the national consultation today as a culmination of the regional consultations that we have conducted over the past year in the 12 regions of Morocco,' she told Morocco World News in an interview on the sidelines. CNDH two-day consultation in Rabat These consultations had two main objectives, Bouayach said. 'The first was to engage and discuss with children about implementing and establishing the principle of participation in the legal texts and administrative procedures in Morocco,' she explained. The second objective was to work with these children on identifying the major issues related to their rights, guarantees, and programs, in order to present their report next September. Over the two days, children will lead all discussion sessions, with a focus on how to apply the UN Convention on the Rights of the Child in national policy and how to prepare their own parallel report to the UN Committee on the Rights of the Child. In September, two elected child delegates from this consultation will travel to Geneva to present Morocco's children's perspectives directly to the committee. CNDH two-day consultation in Rabat 'Participation is key,' said Laura Bill, UNICEF Representative in Morocco, on the sidelines of the event. 'Most of the work of UNICEF around the world, and including in Morocco, is to ensure that children's participation is part of any government initiative,' she told MWN. Bill noted that the children's views will be included in the government's annual report to the UN Committee on the Rights of the Child in Geneva. Laura Bill, UNICEF Representative in Morocco Bouayach described the initiative as a pioneering effort recognized both in Africa and around the world. She added that this national consultation not only gathers children's voices on legal and social issues, but also empowers them through practical workshops. Among these is an interactive drawing workshop on digital spaces and safe internet use. The event will close with the launch of a 'Children's Call,' a statement reflecting their vision and top priorities for rights and protections. CNDH and UNICEF will sign a partnership during the closing session to reinforce their joint commitment to 'Listen. Act. Participate.' CNDH President Amina Bouayach Tags: childrenCNDHconsultation


Scoop
11-06-2025
- Health
- Scoop
KidsRights Index 2025 Now Available
A devastating global mental health crisis among children and adolescents is reaching critical levels, with suicide the third leading cause of death among young people aged 15-29 years. According to the KidsRights Index Report 2025 released today, the only ranking that annually and systematically reviews the global state of children's rights worldwide. This year's study highlights that over 14 percent of children and adolescents aged 10-19 years globally are experiencing mental health concerns, with the global average suicide rate standing at 6 per 100,000 among adolescents aged 15-19 years. However, the UN Committee on the Rights of the Child warns that these figures represent only the tip of the iceberg, as suicides remain significantly underreported worldwide due to stigma, misclassification, and inadequate reporting mechanisms. Visit the KidsRights Index and the interactive map: Marc Dullaert, KidsRights Founder and Chair, stated that: 'This year's report is a wake-up call that we cannot ignore any longer. The mental health and/or wellbeing crisis among our children has reached a tipping point, exacerbated by the unchecked expansion of social media platforms that prioritize engagement over child safety. The controversy surrounding Netflix's 'Adolescence' in February highlighted global concerns about children's representation and protection in digital media – but we need action, not just outrage". Directly download the full report (PDF): The KidsRights Index is the annual global index published by the KidsRights Foundation which charts how countries adhere to and are equipped to improve children's rights. The KidsRights Index is an initiative of the KidsRights Foundation, in cooperation with Erasmus University Rotterdam: Erasmus School of Economics and the International Institute of Social Studies.


Saba Yemen
22-05-2025
- Politics
- Saba Yemen
UN condemns mass starvation of children in Gaza
Geneva - Saba: The UN Committee on the Rights of the Child condemned the continued obstruction by the Israeli enemy of humanitarian aid into the Gaza Strip. In a statement, the Committee expressed concern over reports that more than 14,000 infants could die within hours if life-saving supplies are not allowed in. Whatsapp Telegram Email Print more of (International)


Scoop
22-05-2025
- Politics
- Scoop
Gaza: UN Child Rights Committee Condemns Mass Starvation Of Children Amid Aid Blockades
GENEVA (21 May 2025) - The UN Committee on the Rights of the Child condemned the continued obstruction of humanitarian aid to Gaza, urging the international community to pressure Israel to allow immediate and sustained access for essential food and medical supplies. 'More than eleven weeks after the obstruction of humanitarian access, the food security crisis is deteriorating rapidly to the point that more than 50 children have died from hunger and many others are on the verge of death. If the blockade continues, more children will die and up to 71,000 children under five could suffer from acute malnutrition over the next year,' the Committee said, drawing on numbers from the UN Children's Fund (UNICEF) and the World Health Organisation (WHO). 'The right to food is a fundamental human right, intrinsically linked to the right to life, and as such, it is non-derogable under international law,' the Committee stated. It strongly condemned Israel's ongoing military actions in Gaza, which are killing and maiming women and children, including reportedly more than 100 children killed just last week, before accounting for the casualties from the latest strikes. These attacks are occurring on a massive daily scale and are pushing the humanitarian situation to a critical point. 'There is no justification for actions which clearly defy international humanitarian law as well as international human rights law, including the Conventions on the Rights of the Child, and the Convention on Prevention and Punishment of the Crime of Genocide,' the Committee said. It reaffirmed the importance of the International Court of Justice (ICJ)'s Advisory Opinion of 19 July 2024, along with its Orders issued on 26 January and 24 May 2024 in the case South Africa v. Israel concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip. In addition, recalling its country review findings on Israel adopted September last year, the Committee urged the State party to take immediate action to guarantee the right to life, survival, and development of all Palestinian children, stop the killing and injuring of children in Gaza, and to allow safe and unrestricted humanitarian access throughout the Gaza Strip.