PIL filed in Supreme Court against illegal detention of Children in J&K
By: – Syed Ali Taher Abedi
A PIL has been filed in Supreme Court against the alleged illegal detention of the Children in Jammu and Kashmir.
After the unprecedented
abrogation of Article 370 on 5th August 2019 several cases of
alleged illegal child detention have been noticed by child rights activist. The
Petition filed through Advocate Sumita Hazarika
The petition was filed by Ms. Enakshi Ganguly,an eminent child rights expert and professor Shanta Sinha,the first chairperson of the National Commission for Child Rights (NCPCR).
The petitioners contended that Jammu and Kashmir is passing through an ‘extraordinary situation’. It is most respectfully submitted that as a constitutional democracy, it is imperative, especially in these extraordinary circumstances that this Hon’ble Court ensures that no excesses take place against women and children, who are admittedly most vulnerable in such tense situations.
In cases where teenage boys are picked up for fear of being ‘potential’ stone-pelters, it is imperative that the detention must be reported and monitored by a body such as the Juvenile Justice Committee of the High Court of Jammu and Kashmir,which has as its chairperson a retired judge of the High Court.
Such a body already exists in the High Court of Jammu and Kashmir.It is respectfully submitted that the situation in Kashmir today is urgent and disturbing from the perspective of children’s wellbeing. It would appear from the reports that the state is acting in violation of both specific laws with respect to children and also of constitutional principles and International Child rights commitments.
With the abrogation of Article 370 and the consequent passing of the Jammu and Kashmir Reorganisation Act, 2019 the immediate safety and protection of Kashmiri children becomes the responsibility of the Union Government.
It is in this context that the Petitioners pray that the Supreme Court act as parenspatriae to the children and directs the government to submit a status report on actual detentions, injuries and deaths of children between August 5th 2019 to the present day.
The Petitioners submit that there have been certain reports specific to children, which describe violations that include loss of life and liberty and that the reports are serious enough to merit judicial review of the situation with respect to children and to enforce and monitor certain immediate corrective action.
The petitioners’ highlights two important areas of concern the first pertains to illegal (if temporary) detention (and in some cases beatings) of young boys by security forces.
It is also submitted on the basis of extensive media reports that a large numbers of minors and youth have been picked up by security forces in places like Pampore, Awantipora,Khrew,Tral,
In these extraordinary circumstances the Supreme Court should ensure that no excesses take place against women and children, who are admittedly more vulnerable in such tense situations.
As per the petitioners the reported cases of violence on children in Kashmir calls for a need to make an inquiry into such cases in keeping with the Constitutional mandate that the state has a duty in ensuring that children get equal opportunities to develop in a healthy manner and in conditions of freedom and dignity.
It is the duty of the state to ensure that the children are able to live and grow in an environment that is safe and secure, and one in which they are able to express them and share their problems without fear of retaliation or vindictive action.
While demanding compensation for the injured children, the petition also seeks the implementation of Integrated Child Protection System, and fortnightly review of care plans by the J&K High Court’s Juvenile Justice Committee.
The petitioners have prayed that “the Supreme Court act as parens patriae to the children and direct the government to submit a status report on actual detentions, injuries and deaths of children between August 5th 2019 to the present day.”
