A note of Juvenile Justice System in Nepal

About it : Crime is an unwilling reality of our world due to various regions/factor even this is highly discouraged and punished by the society and state. State have rules and acts in regards to control day to day theft, dacoits and crime in the society. Criminal act is the provision of control and punish them. This also knows n as a formal justice system. This Act enforced while an adult does such misc induct/misbehavior and illegal/inhuman action alone or with other means of support. We all are aware of such Justice System even there is a number of debate of its effectiveness in debate.

But in case of the children’s misbehavior, misconduct, illegal/inhuman action is not known as crime but it is a mistake (Bijiyani) which occur due to lack of proper care and socialization, development of the child. So, there is no way to treat as adult and we can’t say this is crime. So, there is different provision in case of treating them. JSS is enforcing in this case. Juvenile Justice System should be kept different from the criminal justice system. This is because , to avoid any kinds of affect in the way of physical, social and mental development of the children in future. To protect from the negative aspects, the concept of the Juvenile Justice System arises and now it is recognized as a universal justice system for the children in case of the behavioral defects in the family, community and in any illegal, un lawful and inhuman activity. So, the norm of the juvenile justice system is far deferent and should be than in formal justice system to the adult. It must be separate from the criminal justice system as well. Country has duty to respect the juvenile justice system and obligatory to implement it by the acts and laws.

Behavioral improvement, socialization and rehabilitations are main objective of the JJS.

Provisions, in case of children’s Bijiyain are as follows:
Police can’t arrest children in a formal dress and hand chain is not allowed.
Police has to go in civil dress and have to share/inform parents/guardian sufficient reasons of the children’s case.
Then they can take children in police office but not allowed to keep children among the other adult suspected criminals. Children has to get a separate place than other.
Police has to make health check-up at first and record them. There is no punishment allowed to the children in charge of case. Police who is trained and have child friendly knowledge or expert of child psychology has to talk with him/her about the case.
They can not talk in night about case. Case talk should be in day time. He/she is not forced to speak because the right’s of silent is also one of the fundamental rights of the children or human being as well. Case talks have to be over within an hour. They are not allowed to talk more than one hour with children in same day.
Police has /can hand over children to parent or guardian or organization for the protection and with the mandate to face him in authorities as per need.
Accused children have to be presented by police with concerned authorities (in court/judge) within a 24 hour.
Court cannot stand up children in front of the judge but court has to make a mechanism, that Child psychologist talks with him/her in a child friendly way in a separate place and judge watch it by CCTV. The provision of bench is, 2 social worker and one Child Psychologist, Government Lawyer with Judge.
If children found misbehaved/action against law will not be sent in jail but in to the corrective homes. If there is no corrective home in place than court can send them in child rights organization, or guardian home or parents with for his/her behavioral improvement, socialization and rehabilitation.
If the fewer than 10 age children did any kinds of action against law, will get emancipation from the charge with minor oral suggestions.
If any children 14-16 age group happened action against law will entitle the half punishment of the adult.

There are very rare discussions and awareness in this regards. UNDP is assisting Government to produce some trained human resource in the area of child rights psychology in Nepal.

Source: Advocate, Ghimir, Ram Pd., A presentation on Juvenile Justice System in 12 December in CWIN Helpline Pokhara

about Pokhara

I really like the place Pokhara. No trafficjam, no polution like Kathmandu, no crowed, no rush. Lekside where Phewa lake is inviting people from diferent color and caste/creed in one place. Fish tail Himal can see in the lake and by eyesight just turned toward north. how bbeutiful is Pokhara. Sarangkot sky is full of peoplebird i mean people are enjoying in Paragliding. I really like and intrested once experience of it. clean, green, lake and himalayan view town..Pokhara..