‘Customary laws a hurdle in child protection policy’

By A Staff Report

IMPHAL | Nov 11

The two-day regional conference on Juvenile Justice Act, 2015 and POCSO Act, 2012, has highlighted that customary laws, widely practice in the NE region, stands as a major hurdle in effective implementation of legislation giving protection to children.

The regional conference which was inaugurated on Friday concluded today at Hotel Classic with Justice Darmar Murugesan, member of National Human Right Commission (NHRC), on the chair.

As a part of the conference representatives from seven Northeastern states including Manipur presented their initiatives, work progress, failure and challenges that are being face while implementing POCSO Act 2012.

Most of the representatives gave presentations of their works based on children sexual offence that carried out during the past few years, mainly after the implementation of POCSO Act 2012.

“Most of the Northeastern states strictly follow tribal customary laws. This has led to hindrance in bringing any issues related to child rights in legal proceeding”, said by a representative from Mizoram during the presentation.

A representative from Manipur said, “In Manipur apart from tribal customary law, mob justice also contributes in hampering the implementation of POCSO Act effectively.”

In the presentation he further stressed on the negative impact of mob justice which is a common trend in Manipur, adding that it not only victimises the perpetrators. 

Another representative from Mizoram also explained about the lack of reporting on child sexual abuse as result due to failure of police co-operation.

According to a representative from Nagaland, a state being the last to implementation of POCSO Act, the (Act) is in the initial stage and the government is doing its best for the effectively implementing it. “We are doing our best by conducting awareness about POCSO Act in school, colleges and churches”, she added.

In her closing remark, Jyotika Kalra, member of NHRC, asserted that organising such healthy conference is must as it gives a platform of extending and sharing knowledge.

Underscoring the presentation made by the representatives, Darmar Murugesan, observed that in order to have effective mechanism in implementation of POCSO Act, “It is very essential in improving the court’s functioning as the provision of giving bail to the accused person has made the victim’s parent hesitate to take the legal support.”

He said that NHRC has noted the experiences and challenges faced by the northeastern state to be noted down in a draft recommendation to be submitted to central government.