Government issues draft Juvenile Justice Rules 2021

“No FIR shall be registered except where a heinous offence is alleged to have been committed by the child, or when such offence is alleged to have been committed jointly with adults,” reads the note of the draft Juvenile Justice Rules, 2021 which has been put in the public domain for seeking feedback, suggestions from stakeholders.

“In all other matters, the Special Juvenile Police Unit or the Child Welfare police officer shall record the information regarding the offence alleged to have been committed by the child in the general daily diary followed by a social background report of the child and circumstances under which the child was apprehended,  wherever applicable, and forward it to the board before the first hearing, provided that the power to apprehend shall only be exercised with regard to heinous offences unless it is in the best interest of the child,” it reads.

For all other cases involving petty and serious offences and cases where apprehending the child is not necessary for the interest of the child, the police or  Special Juvenile Police Unit or Child Welfare police officer shall forward the information regarding the nature of offence alleged to be committed by the child along with his social background report to the board and intimate the parents or guardian of the child as to when the child is to be produced for hearing before the board, it said.

The social welfare department plans to issue rules namely Jammu and Kashmir Juvenile Justice Rules, 2021 under the Juvenile Justice (Care and Protection of Children) Act, 2016 for overall care and protection of children in the union territory of J&K.

The police officer shall not hand-cuff, chain or otherwise fetter a child and shall not  use any coercion or force on the child; inform the child promptly and directly of the  charges levelled against him through his parent or guardian and if a First  Information Report is registered, copy of the same shall be made available to the  child or copy of the police report shall be given to the parent or guardian." it added.

"Police Officer shall provide appropriate medical assistance, the assistance of an interpreter or a special educator, or any other assistance which the child may  require, as the case may be; not compel the child to confess his guilt and he shall be  interviewed only at the Special Juvenile Police Unit or at child-friendly premises  or at a child-friendly corner in the police station, which does not give the feel of a  police station or of being under custodial interrogation, the draft of Juvenile Justice Rules said.