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J&K accused of illegal detention of children
NOOR-UL-QAMRAIN  Srinagar | 20th Nov 2011

he Asian Centre for Human Rights (ACHR) has accused the Jammu and Kashmir police of being fond of slapping the Public Safety Act (PSA) on minors, which provides for preventive detention up to two years. It has said that the detention of these minors is illegal, as the Supreme Court of India, in various judgements, has held that Juvenile Justice Act has supreme over all other Acts.

A report released by ACHR titled "Juveniles of Jammu and Kashmir unequal before the law and denied justice in custody" has assessed the implementation of the JJ Act (1997) in J&K. It has made recommendations to the government to repeal it and enact the amended Juvenile Justice (care and protection of children) Act, 2000, which is being used all across the country. It has also urged the government to adopt the rules of the UN Convention on the Rights of a Child.

In its report, the Centre has also asked the J&K government to issue an order to "ensure that henceforth all pending cases against juveniles, including the 51 cases cited in this report, shall be tried by the Juvenile Justice Boards to be established under the new Act and not under the normal courts presently being conducted".

On the eve of Eid, the J&K government recently released some minors and half-a-dozen more got bail from the High Court. Suhas Chakma, director of ACHR, told journalists that the J&K government has illegally detained many minors under PSA.

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