NHRC stresses data authenticity, reforms for juvenile justice system in India

New Delhi: Justice V Ramasubramanian, Chairperson of the National Human Rights Commission (NHRC), emphasized the need for authentic and verified data on children in conflict with the law to develop effective solutions. He made these remarks while chairing a meeting of the Commission’s Core Group on Children, focusing on the theme “Human Rights of Children in Conflict with Law,” in New Delhi on Tuesday.

Need for authentic data on juvenile offenders

Justice Ramasubramanian highlighted two major concerns—how to collect data and how to authenticate the data already available. He endorsed forming a working group to verify the age and numbers of juvenile offenders in coordination with the Bureau of Police Research and Development (BPR&D), National Crime Records Bureau (NCRB), National Legal Services Authority (NALSA), and different High Courts.

Juvenile justice reforms and expert recommendations

The NHRC Chairperson urged experts to categorize their recommendations into legislative amendments, rule changes, and standard operating procedures. He also supported organizing state-wise meetings with Juvenile Justice Boards, District and State Legal Services Authorities, and NHRC to discuss counseling, rehabilitation, and reintegration strategies.

Diversion programs for juvenile offenders

Referencing a UNICEF-backed 2007 report on “Rights of Children in Conflict with the Law,” Justice Ramasubramanian suggested implementing diversion programs that would allow juveniles to take corrective measures without acquiring a criminal record. The key recommendations included:

Juveniles must admit to the offense to participate.
They should not be placed in custody.
They can opt out of diversion programs anytime and choose a formal court procedure.

The proposed diversion measures include victim-offender mediation, admonition, community corrections councils, joint family meetings, circle trials, juvenile courts, and community service.

Rehabilitation over punishment

NHRC Secretary General Bharat Lal stressed the need to view juvenile offenders as victims of circumstances rather than mere criminals. He called for improved rehabilitation measures to reintegrate them into society and provide them with better opportunities.

Key proposals for strengthening the juvenile justice system

Experts at the meeting proposed various measures, including:

1. Creating an online portal for proceedings involving children in conflict with the law, maintaining anonymity.
2. Establishing a dedicated cadre of child protection officials across states.
3. Filling vacant positions in the child protection workforce.
4. Conducting social audits of child care institutions.
5. Strengthening legal aid mechanisms for juvenile offenders.
6. Expanding community service as a correctional measure.
7. Enhancing training programs for stakeholders in child welfare.
8. Developing SOPs to streamline juvenile justice processes.

The NHRC will further deliberate on these recommendations before finalizing proposals aimed at safeguarding the rights of children in conflict with the law.