KOCHI, DECEMBER 13: The Juvenile Justice Act, 1986, is likely to be replaced by two new legislations -The Children (in conflict with the Law) Bill, 1999, and The Children (in need of Care and Protection) Bill, 1999. The final touches are being given by the National Law School of India University (NLSIU), Bangalore.The Ministry of Social Welfare, headed by Menaka Gandhi, had entrusted the task with the NLSIU, in a bid to modify the present system of administration of justice to children. Experts from Delhi University, Benaras Hindu University (BHU) and Cochin University of Science and Technology (Cusat), and officials of UNICEF, NGOs and bureaucrats have collaborated in formulating the policies that should guide the new legislation.The provisions of The Children (in Conflict with the Law) Bill are meant to ``socially re-integrate children who have come into conflict with the law for providing proper care, protection, education, catering to their developmental needs and for adopting a humane approach in the adjudication and disposition of matter relating to such children.''It empowers the State Government to set up an observation home with a Chief Welfare Officer in charge of every district or group of districts.Residential schools in every district with an Advisory Board, Children's Court with a panel of assessors to assist the court, special homes for delinquent children committing serious crimes, and after-care centres have been provided for in the Bill.The State Government has also been advised to formulate a special police force for handling juvenile offenders, the officers of which may be given training in child psychology, child welfare and sociology of child justice.The Children (in need of Care and Protection) Bill has been envisaged to provide for shelter, care, protection, development, education and rehabilitation of abused, exploited and neglected children as well as street children and children with special needs, in an environment which allows them to enjoy their rights.The State Government has been enjoined to set up a reception centre with a committee of experts for uncontrollable and neglected children, as well as street children, in every district or a group of districts.Every reception centre would be managed by a reception officer having knowledge and experience in child care, child psychology or child education. A committee of experts comprising three persons minimum, at least one of whom should be a woman, would cater to the needs of the reception centre and the inmates.The establishment of institutions like the night-shelters, day-care centres and rest-shelters for street children have been provided for in the new legislation. Local self-governing bodies, including zilla parishads or municipal corporations would be give a significant role in running these institutions.Punishment of up to three-year imprisonment and fine has been proposed to persons who ``employ or use any child for the purpose of begging, or cause any child to beg, or abet in the commission of begging.''Suggestions have also been made for the regulation of the activities of the NGOs rendering services to children like the several NGOs, often funded by voluntary agencies and international organisations, in the field. A committee formulated by the State Government should oversee the functioning of the NGOs, besides granting recognition.Children above 12 and below 18 years of age would be covered by the proposed law that would be presented in Parliament after discussion.
