The government has sanctioned establishment of “special homes” for “children in conflict with law” who are presently behind the bars or lodged in jails with adult prisoners in J&K.
“These special homes will help separate such children from those whose cases are pending in courts,” reads a document accessed by Greater Kashmir.
The special homes will be set up in Budgam district in Kashmir, and Samba district in Jammu. In Budgam, the home will be set up in a rented building.
There are two major homes for children in conflict with law—observation homes and special homes.
An observation home is meant for temporary reception of a juvenile in conflict with law.
According to the juvenile justice (care and protection of children) Act 2013, the government has to establish and maintain either by itself or under an agreement with a voluntary organisation, observation homes in every district or group of districts or each division of the state for temporary reception of any juvenile in conflict with law during the pendency of any inquiry.
These under-trials, if proven guilty, are usually sent to jails, but with the creation of special homes, they will be kept there with an aim to rehabilitate them.
A special home is supposed to provide for, among other services, “re-socialisation” of a juvenile.
Nearly every country in the world has a juvenile justice system. In Kashmir, however, juveniles have been detained at police stations, brought handcuffed to courts and jailed in the company of adult convicts, in violation of the JJ Act.