Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Child-Friendly Atmosphere - Justice Ashutosh Kumar emphasized the importance of maintaining a child-friendly environment during proceedings involving children, ensuring humane, considerate, and supportive treatment that aligns with the child's best interests ["Niraj Kumar(Petitioner in Jail) vs The State Of Bihar - Patna"] ["Niraj Kumar(Petitioner in Jail) vs The State Of Bihar - Patna"].
Principles of Fair Trial and Child Welfare - The courts underscored that proceedings involving children must adhere to the tenets of a fair trial while prioritizing the child's developmental needs, protection, and social reintegration. This includes conducting sensitive interviews, allowing frequent breaks, and avoiding adversarial language to preserve the child's dignity ["Niraj Kumar(Petitioner in Jail) vs The State Of Bihar - Patna"] ["Advit Agrawal vs State Of Chhattisgarh - Chhattisgarh"] ["Shanu Raja VS State of U. P. - 2024 0 Supreme(All) 207"].
Special Procedures and Institutions - The Juvenile Justice (Care and Protection of Children) Act and Rules establish specialized institutions like Juvenile Justice Boards and Child Welfare Committees, which are mandated to adopt a child-friendly approach, ensuring procedures are humane and considerate. These bodies are responsible for ensuring the child's rights and development are central to all proceedings ["ASHIM KUMAR MUKHERJEE VS STATE OF CHHATTISGARH - Chhattisgarh"] ["Abdul Asif VS State of Telangana, Rep. by its Public Prosecutor - Telangana"].
Legal Framework for Child Protection - The Act defines child-friendly as conduct, environment, or practices that are humane and in the child's best interest, emphasizing that all decisions should prioritize the child's welfare. The Act also mandates that proceedings be conducted in a manner that minimizes trauma and fear for the child, including proper care, protection, and rehabilitation ["ASHIM KUMAR MUKHERJEE VS STATE OF CHHATTISGARH - Chhattisgarh"] ["Arjun @ Golu vs State Of U.P. Thru. Addl. Chief Secy. Home Govt. Of U.P. - Allahabad"].
Implementation of Child-Friendly Procedures - Courts are instructed to conduct inquiries and trials in a manner that is sensitive to the child's age, maturity, and emotional state, including addressing the child in a friendly manner, allowing participation, and ensuring the environment is non-adversarial ["Niraj Kumar(Petitioner in Jail) vs The State Of Bihar - Patna"] ["Advit Agrawal vs State Of Chhattisgarh - Chhattisgarh"] ["Shanu Raja VS State of U. P. - 2024 0 Supreme(All) 207"].
Court's Discretion and Child's Best Interests - The judiciary recognizes that in cases involving juveniles, the child's best interests are paramount. Orders such as release or trial procedures are to be decided considering developmental needs, with the understanding that the juvenile justice system aims at reform and rehabilitation rather than punishment ["Biswajit Kumar Pandey @ Lalu Kumar VS State of Bihar - Patna"] ["Rohit Kumar Yadav, s/o. Rameshwar Yadav vs State of Bihar - Patna"] ["Krishna VS State Of Rajasthan - Rajasthan"].
Analysis and Conclusion:Justice Ashutosh Kumar's rulings consistently highlight the critical importance of adopting a child-friendly approach in all legal proceedings involving minors. This approach ensures that children are treated with humanity, dignity, and sensitivity, aligning with the objectives of the Juvenile Justice Act and related rules. The courts emphasize that procedures must be adapted to the child's age and needs, fostering an environment conducive to their well-being and development, thereby reinforcing the juvenile justice system's core principle of prioritizing the child's best interests ["Niraj Kumar(Petitioner in Jail) vs The State Of Bihar - Patna"] ["Niraj Kumar(Petitioner in Jail) vs The State Of Bihar - Patna"] ["Arjun @ Golu vs State Of U.P. Thru. Addl. Chief Secy. Home Govt. Of U.P. - Allahabad"].
In the realm of Indian juvenile justice, the concept of child-friendly courts and procedures has gained paramount importance. Queries like Justice Ashutosh Kumar, child friendly often arise when exploring judicial perspectives on creating supportive environments for children in conflict with the law or as victims in cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012. While no single document explicitly attributes pioneering views solely to Justice Ashutosh Kumar, his orders in Patna High Court cases underscore the mandatory child-friendly atmospheres, aligning with broader Supreme Court directives and statutory mandates under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). This post delves into these principles, drawing from key judgments and rules to highlight how child-centric justice is implemented.
Child-friendly justice prioritizes the best interest of the child, sensitivity, empathy, and rehabilitation. It transforms courtrooms into safe spaces, mitigating trauma during inquiries, trials, and assessments. Let's break down the legal framework and judicial insights.
The judiciary has consistently emphasized establishing child-friendly courts across districts. The Supreme Court urges High Courts to proactively set up such courts for JJ Act inquiries and POCSO trials Sampurna Behura VS Union of India - 2018 1 Supreme 642. This stems from the recognition that court experiences can be traumatic for juveniles entitled to a presumption of innocence and victims of sexual offences.
Justice Ashutosh Kumar, in his oral orders, reinforces this: child friendly atmosphere has to be maintained... the tenets of fair trial and maintaining a child friendly atmosphere Dhirendra Kumar @ Pankaj Kumar(Petitioner in Jail) vs The State Of Bihar. Similarly, he notes the need for friendly atmosphere which invariably includes the individual care p Niraj Kumar(Petitioner in Jail) vs The State Of Bihar, highlighting personalized care in proceedings involving children.
Key statutes like Section 19(1)(i) of the JJ Act mandate Children's Courts to maintain a child-friendly atmosphere during trials of children tried as adults Ajeet Gurjar VS State Of Madhya Pradesh - 2023 0 Supreme(SC) 1157Child In Conflict With Law through His Mother VS State of Karnataka - 2024 4 Supreme 321. Model Rules further detail this: Rule 10(8) requires Boards to address children in a child-friendly manner to put them at ease, while Rule 13(7)(iii) ensures in-camera proceedings in a child-friendly setting Child In Conflict With Law through His Mother VS State of Karnataka - 2024 4 Supreme 321Prahlad Singh Parmar VS State of Madhya Pradesh - 2022 0 Supreme(MP) 932Shanu Raja VS State of U. P. - 2024 0 Supreme(All) 207.
District-Level Child-Friendly Courts: Finally, we request and urge the Chief Justice of each High Court to seriously consider establishing child friendly courts and vulnerable witness courts in each district. Inquiries under the JJ Act and trials under other statutes such as the Protection of Children from Sexual Offences Act, 2012... require to be conducted with a high degree of sensitivity, care and empathy for the victim Sampurna Behura VS Union of India - 2018 1 Supreme 642. This extends to juveniles in conflict with law and even adult women victims.
Statutory Compliance in Children's Courts: Post-preliminary assessment under Section 15, trials must consider the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere Ajeet Gurjar VS State Of Madhya Pradesh - 2023 0 Supreme(SC) 1157Child In Conflict With Law through His Mother VS State of Karnataka - 2024 4 Supreme 321.
Examination Protocols: Boards and courts shall address the child in a child-friendly manner during examinations and ensure child-friendly atmospheres in proceedings Child In Conflict With Law through His Mother VS State of Karnataka - 2024 4 Supreme 321Shanu Raja VS State of U. P. - 2024 0 Supreme(All) 207Prahlad Singh Parmar VS State of Madhya Pradesh - 2022 0 Supreme(MP) 932.
These are tied to core principles like the best interest of the child (Section 3(iv)) and non-waiver of rights (Section 3(ix)) Shanu Raja VS State of U. P. - 2024 0 Supreme(All) 207. Delays beyond three months in assessments under Section 14(3) can render proceedings invalid, prejudicing child rights Shanu Raja VS State of U. P. - 2024 0 Supreme(All) 207.
Section 19 empowers Children's Courts to try children as adults only after capacity assessment, always in a child-friendly setup. As noted, pass appropriate orders after trial subject to the provisions of this section and section 21, considering the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere Child In Conflict With Law through His Mother VS State of Karnataka - 2024 4 Supreme 321.
Rule 13 procedures avoid adversarial tones, leveraging Section 165 of the Evidence Act for child-focused inquiries into home and social surroundings Child In Conflict With Law through His Mother VS State of Karnataka - 2024 4 Supreme 321Prahlad Singh Parmar VS State of Madhya Pradesh - 2022 0 Supreme(MP) 932. Justice Ashutosh Kumar echoes this in contexts requiring trial decisions for children as adults, stressing the child-friendly atmosphere Dhirendra Kumar @ Pankaj Kumar(Petitioner in Jail) vs The State Of Bihar.
The POCSO Act complements this by mandating child-friendly systems in the best interest of the child, including confidentiality and sensitive investigations Rabin Burman S/o Adar Burman VS State of Sikkim - 2017 Supreme(Sikk) 52. Courts must protect child identities throughout, as emphasized in convictions under Section 8 POCSO, where sentences prioritize child protection other summary on POCSO conviction.
International guidelines, like those from the Council of Europe on child-friendly justice, offer non-binding but valuable insights for Indian courts W VS H - 2016 Supreme(Del) 3144. Definitions under JJ Rules 2007 clarify child friendly as any process in interpretation attitude, environment and treatment, that is humane, considerate and in that best interest of the child Chhatravas, Chandra Arya Vidya Mandir VS Director, Deptt of Women & Child Dev - 2014 Supreme(Del) 659.
While mandates are robust, exceptions exist:- Children shown to have capacity may be tried as adults post-assessment (Sections 15, 18(3), 19), but still in child-friendly settings Ajeet Gurjar VS State Of Madhya Pradesh - 2023 0 Supreme(SC) 1157Child In Conflict With Law through His Mother VS State of Karnataka - 2024 4 Supreme 321.- No joint trials with adults Child In Conflict With Law through His Mother VS State of Karnataka - 2024 4 Supreme 321.- Preliminary assessments aren't full trials; delays vitiate them Shanu Raja VS State of U. P. - 2024 0 Supreme(All) 207.
Implementation requires training for Juvenile Justice Boards (JJBs), Child Welfare Committees (CWCs), and judges Sampurna Behura VS Union of India - 2018 1 Supreme 642. High Courts should initiate suo motu proceedings for compliance.
In adoption cases involving children from sexual violence, police have no role in declaring children free for adoption; they aren't property in crime investigations, preserving child interests Snehalaya’s Snehankur Adoption Centre, through its Authorized Signatory Ajay Ananda Wabale VS Child Welfare Committee - 2013 Supreme(Bom) 1489.
Training ensures appreciation of child rights, fostering empathy.
Child-friendly courts embody India's commitment to humane justice for children, as reinforced by justices like Ashutosh Kumar and Supreme Court directives. Generally, these procedures safeguard vulnerable young individuals, but compliance is key to avoiding procedural failures.
Key Takeaways:- Mandate child-friendly atmospheres in all JJ/POCSO proceedings Sampurna Behura VS Union of India - 2018 1 Supreme 642Shanu Raja VS State of U. P. - 2024 0 Supreme(All) 207.- Link to best interest and timely justice Shanu Raja VS State of U. P. - 2024 0 Supreme(All) 207.- Justice Ashutosh Kumar highlights maintenance of such atmospheres Dhirendra Kumar @ Pankaj Kumar(Petitioner in Jail) vs The State Of BiharNiraj Kumar(Petitioner in Jail) vs The State Of Bihar.- Training and infrastructure are essential for effective implementation.
This post provides general information based on judicial precedents and is not legal advice. Consult a qualified lawyer for specific cases.
JUSTICE ASHUTOSH KUMAR ORAL ORDER plan of the child. ... Shaishav Kumar, Adv. For the State : Mr. Anand Mohan Pd. ... friendly atmosphere which invariably includes the individual care p style="position:absolute;white-space:pre;margin:0;padding:0;top
JUSTICE ASHUTOSH KUMAR ORAL ORDER child friendly atmosphere has to be maintained. ... , the tenets of fair trial and maintaining a child at friendly atmosphere. ... If the Child Court is of the view that there is a need for trial of a child as an adult, that there is no need for trial of the child as an adult, the p style="position:absolute;white-space
Respondent Through: Mr.Vikrant Arora and Mr.Ashok Kumar Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J. ... MARCH 23, 2016 ASHUTOSH KUMAR, J k 2016:DHC:2472 ... Again a demand for repayment was made in the month of January, 2012 when the respondent/plaintiff had to get his child admitted in a school which required lumpsum expenses. ... The appellant ....
Respondent Through: Mr.Vikrant Arora and Mr.Ashok Kumar Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J. ... MARCH 23, 2016 ASHUTOSH KUMAR, J k ... Again a demand for repayment was made in the month of January, 2012 when the respondent/plaintiff had to get his child admitted in a school which required lumpsum expenses. ... The appellant has denied of his having t....
Hence, the bail petitions of juveniles, namely, Chotu Kumar @ Vikash Kumar and Lallu Kumar @ Viswajeet Kumar are rejected in their best interest.” 5. ... Jitendra Kumar, J. ... that Golu Kumar was calling him and he was coming back. ... Act, which intends not to punish juveniles in conflict with law but to reform and rehabilitate them by proper care, protection, development and social reintegration by adopting a child friendly approach in the adjudic....
(for brevity, ‘the POCSO Act’) and the second, speedy trial and monitoring of the trials under the Signature Not Verified POCSO Act in a child friendly court regard being had to the letter Digitally signed by CHETAN KUMAR Date: 2018.05.02 Reason: p class="sub_para" left_margin="72.1" pos_bottom= ... The objective of the POCSO Act is to protect the child from many an aspect so that he/she does not feel a sense of discomfort or fear or is reminded of the horrified experience and further there has to be a child#HL....
Similarly, a direction to the Juvenile Justice Board to release the child in conflict with law cannot be issued by the High Court in exercise of its inherent power saved under Section 482 Cr.P.C. Thus, we approve the view of the Hon'ble Mr. Justice P.N. Prakash in Ajith Kumar v. ... Act defining “the best interest of child”, “child friendly” etc. A special reference has also been made to a href="./.. ... Thus, the Act envisages a child fri....
, development, treatment, social reintegration and rehabilitation by adopting a child-friendly approach, and the Juvenile Justice (Care and Protection of Children) Rules, 2016 were framed to achieve the said objectives, whereunder Section 27 of the Act provides for constitution of a Child Welfare Committee ... The Act ensures proper care, protection, development, treatment, rehabilitation and social reintegration of such children by adopting a child-friendly approach. The Juvenile #HL_....
While conducting the preliminary inquiry under section 17 of the Act [Juvenile Justice (Care and Protection of Children) Act, 2015], the Board shall address the child in a child-friendly manner in order to put the child at ease and to encourage him to state the facts and circumstances without any fear ... **************** (8) While examining a child alleged to be in conflict with law and recording his statement during the inquiry under section 14 of the Act, the Board shall address th....
Order : (Narendra Kumar Vyas, J.) 1. ... The Rule 19 of Rules, 2016 provides the procedure for conducting the inquiry which shall be done satisfied the basic principle of natural justice and the committee shall interview the child sensitively and in a friendly manner. 12. ... (6) The Committee shall interview the child sensitively and in a child friendly manner and will not use adversarial or accusatory words or words that adversely impact the dignity or self-esteem ....
While answering the reference brother Ashutosh J. has opined that a writ petition under Articles 226 and 227 of the Constitution of India can be filed in Hindi Language also in Patna High Court. I have the benefit of going through the erudite and clearly expressive judgment of my brother Justice Ashutosh Kumar. 2. With utmost respect, I regret my inability to agree with the aforesaid view for the reasons stated hereinafter.
The POCSO Act, 2012 provides a criminal justice system which is not only child friendly but also in the best interest of child. Investigation of such offences must be entrusted and conducted by Police Officers competent as per the POCSO Act, 2012 and sensitized to the unique role each Police Officer is required to play during the investigation. A child's right to confidentiality must be respected and protected even by the lawyers who are involved in the case. The process of administration of Criminal Justice in such cases must also necessarily be steps for resurrecting the ....
A of this Chapter deals with “Child-friendly justice during judicial proceedings”. xxx xxx xxx 2. Legal counsel and representation xxx xxx xxx “42. These Guidelines, though not binding on the courts in India, but lend valuable guidance to the manner in which the rights of the child, if and when in conflict with parents, or otherwise in judicial precedents can be adequately protected. The relevant extract thereof reads thus: “Guidelines of the Committee of Ministers of the Council of Europe on child – friendly justice xxx xxx xxx IV. Reference may usefully be made ....
35. Rules 2(d), 2(k) and 2(l) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 defining ‘child friendly’, ‘orphan’ and ‘place of safety’read as under:- “2(d)."child friendly” means any process in interpretation attitude, environment and treatment, that is humane, considerate and in that best interest of the child. "orphan" means a child who is without parents or willing and capable legal or natural guardian.
The State shall ensure that appropriate rules with respect to the implementation of such services are drafted in a manner that are in the best interest of the child and that regulatory bodies are set up to ensure the strict enforcement of these rules. Section 22 provides for Ensuring child friendly procedures, which reads thus: 22 Ensuring child friendly procedures: All matters and procedures relating to children, viz., judicial administrative, educational or social, should be child friendly. All procedures laid down under the juvenile justice system for children in conflic....
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