CAA protests: Explanation of law of detention for the minors

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  • In the context of the protest against the amendment of Citizenship Act, there are some provisions for the detention of minors.
  • There is a law which states about detentions.

So far, protests against the Citizenship Amendment Act have hit the country for the last couple of weeks. As, there have been umpteen number of instances of police clashing with and detaining the protesters. In a number of cases, the people who were detained were juvenile.

Last Week Incident

Last week, UP Police had detained five minors between the age of 13 and 17 at the Bijnor Police Cantonment. And they had tortured them for 48 hours before releasing them. In another incident, eight minors were there among 40 people. In fact, they were detained after CAA protestors violence broke out in Daryaganj, Old Delhi.

A complaint was lodged against the police for arresting and torturing CAA protestors. Thereafter, they were released by the magistrate. Who noted that the detention of children in the police station is a violation of the law.

Juvenile Justice Act

The Juvenile Justice Act(Care and Protection of Children) has rules and regulations. And under which children are found to be in conflict with the law. In fact, the child who is proven guilty in a conflict of the law should be placed under the charge of the special juvenile police. Else, the child should be handed over to the child welfare police officer.

However, the officer should produce a child before Juvenile Justice Board within 24 hours. But excluding the time for the journey from the place where the child was picked up. In no case, the law mentions that the child alleged should be put behind bars.

Statutory bodies responsible for protecting the rights of children in India

The National Commission for Protection of Child Rights is a statutory organization. It is established under the Commission of Protection of Childs Act, 2005. Basically, the purpose of the Commission is to protect, promote and defend the rights of children in India.

The NCPCR was set up by an Act of Parliament. The commission works under the aegis of Ministry of Women and Child Development.

Powers are given to NCPCR

The powers given to the commission are broad. So that, it examines and evaluates the safeguards provided under any law. He protects the child rights in India and recommends measures to the government. It can present the report annually, for implementation of the measures. The commission sets up an inquiry to investigate in the cases where child rights have been violated. While inquiring into such matters the commission withholds same power as that of the civil court.

The NCPCR has not intervened in the matters of minors. The NCPCR said it had come to its notice that certain people were forcing children to indulge in stone-pelting and other violent activities.

Bottom Line

Guidelines of NCPR with respect to the rights of children in areas of civil unrest, state that police and military authorities should avoid blanket characterization of teenagers and should consider ill-treatment, torture of children seriously.

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