Srinagar: An expert has asked government to amend the J&K Justice Juvenile Act Draft Rule 2011 to incorporate express provision for anticipatory bail for the children in conflict with law.
While raising areas of concern and seeking amendments in existing legislation, they have further suggested several amendments to make Juvenile Justice System more juvenile friendly.
On September 14, the Social Welfare Department had sought comments/suggestions from all stakeholders regarding the Draft Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules 2021 framed under J&K Juvenile Justice Act (Care and Protection of Children) Act 2015.
Government has adopted Juvenile Justice (Care and Protection of Children) Act, 2015, to prevent the juvenile delinquency and provide proper care and protection to the children. But, as per experts, due to inherent limitations, lack of implementation and applicability of some provisions the act is not producing the desired effects that it ought to be.
Juvenile Justice Board Srinagar member Dr Khair-ul-Nisa told Greater Kashmir that in absence of any provision regarding anticipatory bail to Children in Conflict with law, a rule shall be inserted in this regard so that relief can be granted to the children as well.
“The reason for seeking this provision comes in drawback of that some High Courts have taken a view that question of anticipatory bail to children does not arise at all because there is no arrest of children and it is merely an apprehension and hence question of anticipatory bail does not arise,” Nisa said.
“But some other High Courts have taken a view that a relief which is available to adults, cannot be denied to children by hiding behind a technical view on use of the words like arrest and apprehension and some High Courts are of the view that even though the word anticipatory bail is not used in Section 12 of the JJ Act, a relief which is similar to anticipatory bail is indeed possible under Section 12,” she said.
She added that to avoid any further ambiguity, there must be an express provision in the existing Act to make anticipatory bail available to children in conflict with law.