Uttar
Pradesh police: ‘child – friendly’ police
The police and
the Juvenile Justice (Care and Protection) Act, 2000
(Click here-Message
from Chief, Field office, UNICEF Uttar
Pradesh)
On November 20th 2009, the global community
celebrates the 20th anniversary of the Convention on the Rights of
the Child (CRC). The Convention was ratified by
Following the ratification of the CRC by
The Police Department plays a key role in ensuring the
effective implementation of the Juvenile Justice Act. The Police are normally
the first responder for children who come in contact with the law or need care
and protection. Hence, the importance of sensitizing police and creating a
‘child – friendly’ police cadre.
A number of provisions in the Juvenile Justice Act notably
pertain to the role of the Police Department with regard to children who come
in contact with law enforcing agencies:
·
Special
Juvenile Police Units (SJPUs) in every district and city to ensure children’s
rights and liberties are protected.
·
Juveniles,
if apprehended by the Police and not released on bail, shall be placed under
the SJPU and produced before the Juvenile Justice Board (JJB) within twenty
four hours of his/her apprehension.
·
Juveniles not to be placed under Police lock up or lodged in jail.
·
The Officer - in - Charge of the police station or the SJPU to, as soon
as may be after the arrest, inform: (a) the parent or guardian of the juvenile,
if he/she can be found, of such arrest direct him/her to be present at the JJB
before which the juvenile will appear; and (b) the Probation Officer of such
arrest to enable him/her to obtain information.
·
No juvenile to be charged or tried for any offence together with a
person who is not a juvenile.
·
No report, in print or visual media, to be furnished or proceedings
under this Act to disclose the name, address, school or photos of children.
·
Juvenile offender to be kept only in an observation home in the
prescribed manner, until he/she can be brought before the JJB.
·
No Police Officer to subject the juvenile to neglect, assault or any
kind of physical or mental suffering.
The Police play an equally important role in ensuring the
protection of children in need of care and protection. Notable amongst these
are:
·
To produce
the child in front of the Child Welfare Committee (CWC).
·
To ensure
that investigations of crimes against children are completed in a time bound
manner.
·
To rescue children from exploitative conditions under Section 32 of the
Act.
·
To ensure that the identity of the child is protected.
·
To assist children to trace their families and escort children in
tracing and repatriation efforts.
·
To take the child to the hospital for age verification and medical
examination.
Under all circumstances, the Police should – while coming
in contact with children in conflict with the law or children in need of care
and protection – follow the basic principles outlined below:
·
Best
interests of the child: treat him/her as your own child and as a unique
individual requiring an individualistic approach.
·
Be child –
friendly and gender sensitive: children are different to adults; boys are
different to girls.
·
Girls should be dealt with by female Police Officers. This includes
supervision, handling, searching, interviewing.
·
Non – discrimination: do not assume that a street child has achieved
‘adult’ levels of emotional and moral development because of the way they look
and act.
·
Do not use violence or unnecessary force.
The 20th anniversary of the Convention on the
Rights of the Child and related national legal instruments like the Juvenile
Justice Act are once again a reminder for all of us in the Police Force – as
duty bearers of children’s rights - to respect the liberties of children and
hear their voices because it is their right to be heard and to be treated as
victims of their circumstance rather than offenders.
UP Police with the support of
UNICEF Uttar Pradesh.