In yet another case of violation of the Juvenile Justice Act, police recently detained a 15-year-old boy and kept him under illegal detention for two days.
The boy from Shopian was allegedly beaten up in policecustody before being sent to the Juvenile Observation Home at Harwan.
“The juvenile who is studying in 9th standard in agovernment school in Shopian was picked up by police, detained for couple ofdays in Keegam police station and later beaten up to an extent that he wasn’table to walk properly,” said Habeel Iqbal, a lawyer representing the case ofthe minor.
“The Juvenile has been booked under section 147, 148, 336,307 RPC.”
Iqbal said after two days of detention, the minor arresteewas produced before the Juvenile Justice Board (JJB) of Shopian from where hewas shifted to Juvenile Observation Home at Harwan.
“After keeping him in detention the juvenile was producedbefore Superintendent Observation Home, Harwan,” said Yusra Rasool.
“The boy is stable now. He was detained on 20th of thismonth (April) and was brought to the observation home on April 22.”
This is however not the first time that a juvenile has beenillegally detained by police.
On January 7, police detained a 14-year-old boy fromsouthern Tral town and charged him with provisions of the Arms Act, UnlawfulActivities (Prevention) Act and attempt to murder.
Days later, another teenager from Awantipora in southernKashmir was detained by the police and taken to Kathua “for questioning.”
On January 13, a juvenile who the police alleged was amilitant, was apprehended by from southern Shopian district.
In December 2018, six boys from Srinagar’s Batamaloo areawere detained by police. Before that, on October 29, a class 12 student fromShopian was picked up by personnel of police station Imam-Saheb allegedly inplace of his brother and detained for two days, preventing the boy from writinghis board examination.
Despite having a juvenile law, children continue to bedetained, raising questions on the Standard Operation Procedure followed by thepolice while detaining a minor in lockup for days together.
According to the Juvenile Justice (Care and Protection ofChildren) Act 2013, a juvenile in conflict with law cannot be prosecuted as anadult criminal in the court of law.
The Act states: “As soon as a juvenile in conflict with lawis apprehended by police, he shall be placed under the charge of the specialjuvenile police unit or the designated police officer, who shall produce thejuvenile before the board without any loss of time within a period oftwenty-four hours of his apprehension excluding the time necessary for thejourney, from the place where the juvenile was apprehended.”
The law prohibits the police from locking up a childoffender.