"Children are not being provided effective legal aid:" Justice Madan Lokur to head DCPCR panel to assess Delhi juvenile homes

The Delhi Commission for Protection of Child Rights (DCPCR) has constituted a four-member panel headed by retired Supreme Court judge Madan Lokur to assess the various issues faced by children in conflict with the law living in observation homes in the national capital..In an order issued on January 3, the DCPCR authorised the panel to visit the facilities housing such children and assess the status of awareness of the legal proceedings among children and their duration of stay.."Children are not being provided effective legal aid," Justice Lokur told Bar & Bench. He referred to a recent case in the Delhi High Court where a child in conflict with the law was not released despite being granted bail. "Why should something like this ever happen? What were the legal aid lawyers doing?".DCPCR Chairperson Anurag Kundu explained the idea behind setting up this panel. “In my inspections of the observation homes, I have seen that bail applications are filed with delays. We found a couple of instances. We thought instead of looking into it piece by piece, let us have a structural systematic inquiry and fix those problems. That is why we decided to have a judge on the panel who has authored landmark judgments, and he was gracious enough to accept it,” Kundu told Bar & Bench. .Kundu believes that the children outside care homes should benefit from the legal process as much as those living inside.“A good justice system does not only benefit those who are accused of various offences, but also benefits everyone akin to the legal aid services meant for all such who are in need of assistance,” he underlined.There are about 250 children in conflict with the law living in the observation homes in the city at present..In its assessment, which is likely to go on for about five weeks, the panel will identify issues and challenges experienced by the children in securing bail, release, or leaves. There would be a check on the quality of legal services available to them, as well as their experiences with the police.The inquiry panel will then submit a report to the DCPCR, keeping the identities of the children involved confidential..Advocate Vrinda Grover, who has represented children in conflict with the law on several occasions, said that the Juvenile Justice (JJ) Act is a beneficial legislation that prescribes rules, procedures and timeframes within which authorities are required to act in the best interest of such children. “The entire scheme stands nullified if those responsible under the law fail to strictly adhere to it. This committee can provide an important evaluation of the implementation of the law and bring to the fore the lacunae and I welcome it,” she told Bar & Bench..As part of its exercise, the panel will be visiting observation homes and interacting with officials and children, besides legal aid lawyers. The panel will “inspect the legal-aid register, warrant files and any other documents or registers which are maintained at the institutions”..The Delhi High Court had recently, on its own motion, issued a slew of directions for the implementation of rehabilitative schemes for juveniles in conflict with the law who were lodged at care homes in the city and those who have been released..[Juvenile Justice] Delhi High Court seeks data of children sent from adult jails to care homes.After hearing the Amicus Curiae, Senior Advocate HS Phoolka, and other representatives, the Court referred to the schemes under the JJ Act and the JJ Rules in place to streamline the functioning of the juvenile justice delivery system.Among various other directions, the Bench directed for the compilation or creation of a directory by the Delhi government in tandem with the DCPCR and the Delhi State Legal Services Authority. The said list should have the names, addresses and other particulars of all institutions, governmental or non-governmental, offering training to such children in Delhi..[Read Order]