Juvenile Justice and the CYPO

By Piyumanthi PEIRIS

Children’s rights are protected and promoted through the Sri Lanka Legal System. The United Nations Convention on the Rights of the Child recognises the protection of child rights. Sri Lanka ratified the said Convention in 1991 and the Children’s Charter was brought in by the Government in 1992.

Children are the most vulnerable group in the society since they are weak and totally dependent on the adults for their requirements.

It is important for a child to have a suitable home environment the absence of which may result in adverse consequences on the entire society when the child becomes an adult. That is why the legal system always gives priority to the best interest of the child/young person.

Though there are many Acts covering protection of children the main law which addresses the rights and interests of a child or young person who is facing a charge for an alleged offence or who is a victim of an offence is the Children and Young Persons Ordinance (CYPO), No. 48 of 1939.

It is the law by which Juvenile Courts are established. The law provides for the supervision of Juvenile offenders, and the protection of children and Young persons and matters connected therewith. According to the Ordinance a child is a person below the age of 14 years, and a young person means a person who has attained the age of 16 years.

Juvenile offender is a child/young person who is charged with an alleged offence. Some of the cases that may be heard by the Juvenile Court are:

* Cruelty to children/ young persons

* Allowing persons under 16 years to be in brothels

* Causing or procuring persons under 16 years to beg

* Assault

* Causing or encouraging seduction of prostitution of a girl under the age of 16 years etc.

According to the children and Young Persons Ordinance a court of sitting for the purpose of hearing any charge against a child/young person is a Juvenile Court. The Magistrate’s Court can exercise the power of a Juvenile Court while continuing with its other regular court matters.

A Juvenile Court can hear and determine most cases relating to a child/young person charged with an offence under the Penal Code. E.g.: assault, kidnapping, abduction, cruelty to children and/or young persons etc. But a Juvenile Court does not have the jurisdiction to hear cases of more serious crimes e.g.: murder, attempted murder, robbery.

Reporting Cases

No report of any proceeding before a Juvenile Court, can be published in any newspaper, magazine or other journal unless it is a journal of scientific nature or totally devoted to the protection or welfare of children and young persons. Even on such occasion, the name, address, or school or any other details that would lend to the identification of any child or young person should not be published.

If the court so desires a child/young person may be called upon to give evidence. But the Evidence Ordinance and the Children and Young Persons Ordinance (CYPO) impose special provisions in the courtroom to protect the integrity, dignity and intimidation of the child or young person.

Role of Probation Officers

Probation officers also do possess an important role in the Juvenile Court. Probation officers are supposed to produce reports of the family background of the child, previous convictions etc. Therefore, if further information is necessary in regard to a child/young person the court may remand the child or young person for up to 21 days at a remittal home or in the custody of a fit person.

The CYPO envisages the need to give priority to the welfare of the child/young person. If the child is living in unfavourable surroundings the child/young person has to be removed and also needs to secure the availability of education and training as well.

Though it is not an accepted practice to imprison a child/young person if they fail to pay a fine, if the person is of such bad character that he/she cannot be detained in a remand home, the young person can be detained. There are many types of institutions that are used to institutionalise children and young persons.

Some of them are Remand Homes (State owned/voluntary), Certified Schools, Approved Schools, Receiving Homes, Voluntary Homes, National Training Centres and Detention Homes. But wherever possible it is important to place children with their families.

When a supervision order has been issued the probation officer or the fit person should visit or receive reports from the child/young person at reasonable or specified time periods.

The bonds entered into are needed to be observed. Reports should be sent to the courts in regard to the behaviour of the child/young person.

Employment

Advise, assist, and befriend the child or young person and when necessary, endeavour to find them suitable employment and if it is in the interests of the child or young person, bring them before court so that the court may order that he or she be sent to an approved or certified school or be committed to the care of a fit person who is willing to undertake the care of him.

There is provision to appeal against any decision made by the Juvenile Court/Magistrate’s Court. The appeal jurisdiction is vested with the Provincial High Court.

Though being enacted even before the independence, the Children and Young Persons Ordinance (CYPO) remains as the foundation stone of the entire juvenile justice system of Sri Lanka.

There is a lot more to be done to improve the juvenile justice system in Sri Lanka.

An in-depth study is essential to find the lacunas in the administration and practical defects in the implementation of the said law. Child friendly procedures that are adopted in other countries should be studied and where applicable be included in our law. It is high time for the law makers and the researchers to get together and work for the best interest of the posterity.

Protection Orders available under the Children and Young Persons Ordinance

- Commit the person to the care of a fit person/parent/guardian

- Order the child/young person to be under the supervision of a probation officer or some other appointed person for a maximum period of three years.

- If the child is 12 years or older the child to be sent to an approved/certified school.

(The writer is Assistant Secretary (Legal), Ministry of Justice and Law Reforms.)