KIDS TO GET SPEEDIER JUSTICE
Its Long Overdue, Say Activists About The Special Courts Being Set Up To Hear Cases Involving Crimes Against Children ……..Swati Deshpande | TNN
Mumbai: Speedy punishment may now be meted out to those who commit crimes against children with the state calling for special courts across Maharashtra to deal with the offences. In Mumbai, all cases involving crimes against children before the Sessions Court will now be assigned to a single judge by the principal sessions judge.
The state released a notification on the childrens courts recently and the Bombay High Courts administration will set up the courts for different regions across the state soon.
The state released a notification on the childrens courts recently and the Bombay High Courts administration will set up the courts for different regions across the state soon.
The courts will deal with all cases involving offences against children aged upto 18, including kidnap, child abuse (physical, mental or sexual) and violation of child rights.
What prompted the state to carve out dedicated courts for offences against children is an almost three-year-old lawthe Commissions for Protection of Child Rights Act, 2005which came into effect in January 2006. The Act calls for special childrens courts to handle criminal offences under the Indian Penal Code or other laws.
The state may have moved a little slowly, say activists, but the special courts will certainly be a boon and ensure swifter trials. State law secretary M N Gilani said that if one judge and one court tries all cases it will also increase the expertise of the judge and special public prosecutor appointed.
Activists connected with rescuing minors from sex rings said that for the special courts to make a difference, the state ought to get serious about dealing with offences against pimps and hotel owners who allow and engage minor girls in sex rackets.
Drawing minors into the sex trade is a heinous crime that must be taken very seriously. An offence is committed at every stage: kidnapping, wrongful restraint and detention, procuring, rape and even statutory rape if the child is below 16, said advocate Michelle Mendonca, who is connected with the NGO Internal Justice Mission, which has been working for several years to curb human trafficking.
Mendonca added, Bringing childtrafficking into the jurisdiction of the childrens court will be an important step in combating the issue. It will give rescued children faster access to justice and will protect them from further trauma as they go through the legal process.
The Commission for Protection of Child Rights Act also provides for setting up state commissions and a central commission. In Maharashtra, a commission has been set up under the jurisdiction of the women and child welfare department.
The Act itself was the outcome of the Convention on the Rights of the Child (CRC), an international treaty which India acceded to in December 1992 following the 1990 UN General Assembly summit, which had adopted a declaration on survival, protection and development of children. Since India is a signatory to the CRC it agreed to take steps to protect childrens rights. In 2002, the UN General Assembly Special Session on Children set out goals, strategies and activities for A World Fit for Children which each member country had to act on in the current decade.
THE NEW SET-UP
CHILD RIGHTS
THE NEW SET-UP
Every district will have one special court that tries cases involving crimes against children aged upto 18. This will help dispose of cases faster In Mumbai, the principal sessions judge will choose the judge who will preside over the court All such cases, currently scattered across several courtrooms at the Mumbai sessions court, will now be before one judge A special public prosecutor will also be appointed By constantly being involved with the subject, the judge and prosecutor will increase their expertise in the matter
CHILD RIGHTS
Some rights children have according to the UN Convention on Rights of the Child: