Justice is not a privilege but right of every child: Odisha HC judge
BHUBANESWAR: Justice is not a privilege but a right of every child, said Justice Savitri Ratho.
Addressing a panel discussion on 'Advancing Child-Centred Justice' hosted by the National Law University Odisha (NLUO) and Child Rights and You (CRY) as part of the 5th World Congress on Justice with Children here recently, the Orissa High Court judge underscored the need for trauma-informed processes and regular monitoring under the Juvenile Justice (Care and Protection) Act, 2015, especially for marginalised children. 'Justice is not a privilege to be earned; it is a promise to be kept for every child,' she affirmed.
Speaking on the occasion, chairperson of the United Nations' Internal Justice Council and former judge of the Supreme Court of India Justice Madan Lokur emphasised the need for meaningful access to justice for children - as victims, as accused, and as those in need of care and protection, in all their avatars.
He highlighted the underreporting of violence against children, alarming backlog in inquiries, and revictimization faced by survivors during the trial due to systemic delays and inadequate support systems.
While principal secretary of the Women and Child Development department Shubha Sarma shared the state's commitment through schemes like Subhadra and Ashirbaad, NLUO vice-chancellor Ved Kumari advocated for a broad, child-centred definition of justice.
The World Congress on Justice with Children is a global platform that convenes every five years to further the policy, practice and discourse on child-centred justice.
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Hindustan Times
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Time of India
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- Time of India
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Time of India
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Nagpur: Organised crime is not limited by borders and has a devastating impact on the country's economy and internal security by enabling , Nagpur bench of Bombay High Court observed while overturning a lower court order that denied police custody of a member of a crime syndicate. Tired of too many ads? go ad free now Justice Urmila Joshi-Phalke, while granting seven-day police custody to , 33, under the stringent Maharashtra Control of Organised Crime Act (MCOCA), said, "organised crime is a serious threat to society and is fuelled by illegal wealth generated by contract killing, extortion, narcotics trade, ransom kidnappings, money laundering, and protection rackets." The court rejected the special MCOCA court's May 3 ruling, which denied police custody on the limited ground that the probe was focused on tracing bank accounts and property. Justice Joshi-Phalke said the special court failed to consider crucial aspects of the investigation, including the accused's ongoing role in a larger organised crime syndicate. "MCOCA can be invoked even if direct crime involvement is absent, but syndicate nexus is established," the judge said. "Black money generated by organised crime has had a serious adverse effect on our economy. These syndicates have made a common cause with terrorist gangs," the court said, while affirming that MCOCA empowers agencies to intercept communications and pursue complex networks that threaten national security. The court was hearing a revision plea filed by the state against the lower court's refusal to grant police custody. Yadav was arrested in a March 14 assault case registered in Yerla, Kalmeshwar, where he and a co-accused allegedly attacked a man with a sickle. Though the case was initially registered under Bhartiya Nagrik Suraksha Sanhita (BNSS), further investigation revealed a pattern of serious, repeat offences allegedly committed for pecuniary gain — prompting the application of MCOCA. Tired of too many ads? go ad free now The prosecution submitted that Yadav had at least nine criminal cases against him, with seven still pending. "He is a repeat offender operating for economic gain. His actions fit the definition of continuing unlawful activity under MCOCA," the state counsel contended, while urging custodial interrogation to investigate deeper links within the crime syndicate. The high court agreed, stressing that even if an individual may not have committed a particular act of organised crime directly, their nexus with a syndicate or with repeated unlawful acts could still justify invoking MCOCA. "A nexus with the crime syndicate is enough to attract the Act," Justice Joshi-Phalke said, citing Supreme Court's precedent in the Ranjitsing Brahmajeetsing Sharma case. She ruled that police must be given a fair opportunity to probe syndicate structures, pecuniary trails, and unlawful activities under the wider framework of MCOCA. "In light of the legislative intent, denial of custody would amount to frustrating the purpose of the law," the court said while quashing the lower court's orders. Key Takeaways from Bombay High Court Ruling MCOCA can be invoked even if direct crime involvement is absent, but syndicate nexus is established. Illegal wealth and black money generated by organised crime has had a serious adverse effect on our economy. Crime syndicates have made a common cause with terrorist gangs Lower court erred by focusing on financial investigation grounds for police custody. Continuing unlawful activity with pecuniary motives qualifies under MCOCA. Seven prior pending cases against the accused supported the State's plea Police must be allowed custodial access to probe deeper syndicate links.
