Even as the division bench of the Bombay high court in a recent ruling extended the benefits to juvenile offenders, child rights activists say the Juvenile Justice Act (JJ Act), 2000 is being rampantly violated.
“We come across at least two or three juveniles every month in the Kishore Barrack at Arthur Road Jail where young adults between 18 and 23 years are lodged. In such cases, many of them are accused of the more serious offences,” said Vijay Raghavan, the project director of Prayas, an NGO that works for the betterment of undertrials.
The Act had increased the age for a person to be considered as a juvenile offender to 18 years from the earlier 16 years. The court, giving the Act a retrospective effect, on May 2 held that any person who was under 18 years at the time of committing the offence could avail of the benefits of the Act.
As per the provisions of the Act, the bench released Imtiyaz Sheikh who was 16 years and 10 months old when he committed a murder in 1995. Sheikh, a lifer, is 30 now and has spent over 14 years in prison.
A juvenile offender under the JJ Act cannot be jailed like a regular prisoner, but is kept in an observation home. The offender can only be tried by the Juvenile Justice Board and the maximum sentence that can be granted is three years.
Child rights activists say the judgment would not impact underage prisoners immediately unless the legal aid system works effectively. As per the Visits to Jail and Children’s Homes Rules of Maharashtra, a duty counsel should visit all custodial homes in the district regularly and provide legal advice to prisoners.
However, the legal aid lawyers and duty counsels are paid very little. While a legal aid lawyer appointed by the state gets about Rs1,500 for an entire trial, a duty counsel is paid about Rs60 per visit.
“Unless the honorarium to legal aid and duty counsels is increased, these judgments will remain only on paper. Only a lawyer can act as a bridge between the court and the prisoners. Those with good lawyers do not normally languish in prison,” said Raghavan.
r_menaka@dnaindia.net
