Issues and problems faced by children in conflict with law during and after their detention

Abstract

Children coming in conflict with the law is a problem that affects not only the children but also their families, communities and the society. In the decades of conflict in Kashmir, especially after the start of the insurgency in 1989, local people have witnessed killings, injuries, arrests and illegal detentions. In 2008, people took to peaceful mass protests, which resulted in three summers of massive agitations in 2008, 2010 and 2016. The main participants of these agitations were the youth. The young age of protestors, combined with the police efforts to control the agitation, led many children to come in conflict with the law. The main topic addressed by this research is the problems and issues faced by the children in conflict with the law in Kashmir during and after their detention. A detailed legal analysis of the relevant international and national legislations and covenants is done to ascertain the standards and norms relating to juvenile justice. The methodology employed was a survey using personal interviews with such juveniles, to provide a picture of the reality as experienced by those subjected. The findings reveal that the present juvenile justice system in Kashmir has failed to implement in full the international and local legislation, particularly due to the presence of harsh emergency laws like the Armed Forces Special Protection Act (AFSPA) and Public Safety Act (PSA). Juvenile offenders are treated as adult criminals and detained in police stations or sent to jails meant for adults. During the detention, juveniles were subjected to beatings and torture, and after the detention, they faced various problems like frequent visits to courts and police stations, loss of education, problems in getting passports, jobs and other things that require police verification.