September 16, 2019

Child Rights Experts Move Supreme Court Regarding The 'Illegal Detention' Of Children In Jammu & Kashmir State

[ By Bobby Anthony ]


Child rights experts have moved the Supreme Court regarding the “illegal detention of children” in Jammu and Kashmir after the reading down of Article 370 as well as the re-organization of the state into two union territories.

The petition has been filed by Enakshi Ganguly, an eminent child rights expert ads well as Shanta Sinha, the first chairperson of the National Commission for Child Rights (NCPCR).

Alleging the illegal detention of children in Kashmir, as reported in the media, the petitioners have sought judicial intervention in the matter. They have prayed that the court should ask for a status report and direct the Juvenile Justice Committee of the High Court of J&K to monitor incidents of detention.

It may be noted that more than a dozen petitions have been filed in the Supreme Court on the situation prevailing in Jammu & Kashmir after Article 370 was read down.

The petitioners contended that there had been reports specific to children that indicate violation of liberty and were serious enough to attract judicial review. They highlighted two key areas of concern – illegal detention of young boys and serious injuries and deaths of children, deliberate or accidental.

“As a constitutional democracy, it's imperative, especially in these extraordinary circumstances, that the apex court ensure that no excesses take place against women and children, admittedly most vulnerable in such tense situations,” read the petition.

The petitioners contended that all those below the age of 18, detained in any police station, detention center, jail, or any other confinement, by whatever name in the state of Jammu & Kashmir must be identified through an age census, conducted under the aegis of the Juvenile Justice Committee of the High Court of Jammu & Kashmir.

They have also sought a direction for payment of compensation to children detained illegally and to their families in case of any deaths.

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