Juvenile justice system and the conundrum of law and order situations: Towards child-rights-compliant system in kashmir valley

During the recent protests and hartals in the Kashmir valley, there have been large number of cases registered by the police authorities against the children in conflict with law which is totally in violation of the Indian commitments at international level and the statutory enactments in force in the State of Jammu and Kashmir. The State enacted a new law i.e., the Juvenile Justice (Care and Protection of Children) Act, 2013 but still children are being illegally charged and detained under the ‘lawless laws’ like the Jammu and Kashmir Public Safety Act, 1978 and other general laws. The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act was enacted in 2013 exclusively to deal with the Child in Conflict with Law and Child in need of Care and Protection with a strict prohibition regarding the charging and trial of juvenile offenders under any other law. This paper tries to analyse various statutory provisions and court directions vis-a-vis child in conflict with law. It further tries to analyse the provisions in the special laws applicable to disturbed areas which give impunity to the security forces even if they violate the child rights.