Need for Legal Aid: Reflections on Child Welfare Committees

Abstract

Section 2 (k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 defines ‘juvenile’ or ‘Child’ as a person who has not yet completed 18 years of age. This includes more than onethird of India's population. However, these children are not given their due, their rights under the law and are consequently neglected. The problem is that instead of understanding the children as individuals in their own right, we understand their lives from the point of view of an adult. As an obvious consequence of the same, the rights of children who are either in need of care and protection of the law or in conflict with the law are not properly handled by the state and its institutions. One of these rights which is often overlooked is the right to be heard. Envisioning the Child Welfare Committees (CWCs) to possess the powers of a judicial magistrate of first class, the role of lawyer may be for legal aid or legal representation in order to protect children from unnecessary and detrimental legal proceedings. Both these roles have been mentioned in the Delhi Rules for Juvenile Justice (Care and Protection). This right to be heard is also required to be guaranteed through the environment sought to be created in the CWCs. However, the results of empirical research conducted by the authors have shown that there is a wide gap between what is meant to be and what is. Of the many problems, the most relevant for the purposes of sensitive legal matters is the failure of appointment of lawyers after the expiration of the term of previous lawyers, the inadequacy brought in by the rules which do not mandate the presence of a lawyer at all times, the lack of sensitivity towards children seen due to improper training of the lawyers. The dilemma arises when a balance between the legal rights of the child to be heard within the scope of these institutions possessing the powers of judicial magistrates is the focus. This research paper is aimed at outlining the current situation regarding legal aid for children in need of care and protection. Although there has been some discussion in the past about whether or not there needs to be a lawyer attached to a CWC, provided these committees aren't entirely like court proceedings, this discussion has been limited to the idea from the perspective of what would be the best for the child through the lens of the members entrusted to ensure the care and protection of these children, and there isn't enough emphasis laid on the right of the child to be heard and the manner in which that must be done and that will be dealt with during the course of this paper. Further, this paper will seek to establish whether or not direct interactions as opposed to one offered through an intermediary can ensure creating a well-maintained practice amongst CWCs while keeping each other in check with regard to sensitivity and law.