This makes a case for a child in need of care and protection. All this went into the making of a runaway child who then was induced into prostitution. She even lived in an orphanage for three years. Gudiya was asked to call her ‘mother’ and Gupta would thrash her because she refused to do that, she told a counselor. After Gudiya’s mother died of tuberculosis in 2005, Gupta started living with another woman, Geeta. Gudiya's statements to the CWC reveal that her father, Jitendra Gupta, used to regularly beat her. But the exact opposite is happening in this case,” he added. “The law says that the child should be kept away from legal intervention as much as possible. But the system should make sure that the child’s situation does not worsen and he or she is not exposed to multiple judicial proceedings,” said Anant Asthana, a lawyer who specializes in child rights. This does not mean that he or she should not be punished. The fact that a child has committed a crime means that he or she needs care. “In principle, every child in conflict with law is a child in need of care and protection. Since then, both the child protection institutes are hearing her case. The Delhi police filed an application before the CWC seeking permission to produce Gudiya before JJB- II. The Board refused to entertain the case, asking the CWC to provide the teenager with shelter.Īfter Falak’s death, however, Delhi police pressed fresh charges against Gudiya.
Next morning, Prasad said, he referred the case to the JJB. On 19 January, a day after Falak was admitted to AIIMS- police took Gudiya to the house of Raj Mangal Prasad, then chairman of the South Delhi CWC. In this particular matter, JJB and CWC should hold a joint meeting to arrive at a consensus as to what will happen to the child and who will take care of her,” said Dr Sharma. “Legal intricacies vary from case to case. For example, if the JJB says that the child is fit to go to school and the CWC believes that he or she should be sent to a rehabilitation centre before going to school, whose decision carries more weight?
It is silent on what happens if JJB and CWC have different views on a case. But the Act does not mention how the authorities can minimise the juvenile’s exposure to judicial intervention.
The Juvenile Justice Act (JJA) talks about coordination between the CWC and JJB. These proceedings will only increase her confusion,” said Dr Bharti Sharma, former chairman, CWC, Delhi. The story of baby Falak also brought the tragic story of Gudiya into focus: Screengrab from CNN-IBNĬhild rights experts say that prolonged trial of a case in multiple institutions will only add to the child’s troubles.
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