JusticeMaker Garima Tiwari (right) and Ms. Nikhat Ali, an experienced lawyer, at the juvenile justice board in Bhopal, India.

A recent report in The Times of India highlighted that more than 35 juveniles in Bhopal alone are waiting for trial for serious crimes such as rape or murder. With absolutely no mechanism in place in the state to counsel such children so that they do not take to crime in future, juvenile homes seem to be at the bottom of the government’s priority list.

There are 18 observation homes in Madhya Pradesh with a capacity of 50 people each. As per the Juvenile Justice act 2000, the cases are disposed of by the juvenile justice board, which is comprised of a magistrate and two social workers. The Bhopal-based board is dysfunctional, since there is only one magistrate and no social workers on the jury. A magistrate comes twice a week to hear cases and record statements of the witness.

Keeping this in mind, I made a visit to the board. The court is held in one room where there are few chairs for advocates and court staff, but there is no place for juvenile offenders and their families to sit. There were no private advocates, and no social help groups to help them understand the procedures. Despite the chaos, the Magistrate was very cordial.

Most of the offenders were poor and illiterate, with no one to help them with the complex legal paper work.  With the help of advocate Nikhat Ali, who runs the non-governmental organization Muskaan and is also a Panel Advocate at the Juvenile Board, we were able to speed up the process of six matters in hearings held on 13^th March 2013.  Ms. Nikhat Ali is a highly experienced lawyer practising criminal law in Bhopal and is now a pillar of the JusticeMakers team.The matters concerned custody, warrant cancellation and compromise.

Sometimes poor, illiterate people fall into the trap of shrewd lawyers who  try to make money out of their ignorance. Somehow there are many people who  keep running around from lawyer to lawyer to get a solution to their problem, and they end up selling their land, house and all their possessions to pay for the whole legal procedure. Legal technicalities make these people suffer.

For instance, in one of the bail matters, a juvenile in conflict with the law had hired a private advocate who drafted the bail application.  There were no court stamps, affidavits or notarization as required on the application, and  the advocate charged high fees to the offender’s family . On top of this, the advocate did not appear on the date of hearing. When the court clerk informed these people that the application was drafted incorrectly, they were completely lost–they were very poor , illiterate and totally unaware of the legal procedure. They called the lawyer they had appointed, who said that he will re-draft the application but required more fees.

Because we were present there, we talked to the lawyer and asked him to return the money. Since there were issues of professional negligence involved, he conceded.  Such practices by lawyers is one of the factors which has caused a lot of mistrust in the criminal justice system.Ultimately, the party handed over the case to us and we filed the correct bail application. 

From drafting simple applications to compromise agreements, the day ended on a happy note, with many children in conflict with the law leaving with more trust in the legal process.

More than 300 men, women, and young adults attended a JusticeMakers programme on HIV/AIDS in the industrial Mandideep area.

More than 300 men, women, and young adults attended a JusticeMakers programme on HIV/AIDS in the industrial Mandideep area.

Protecting and promoting the health rights as well as legal human rights of the community at high-risk and vulnerable to HIV/AIDS is a prerequisite for dealing with the problem of the disease and helping to control its spread. With this in mind, JusticeMakers organized a community outreach drive and awareness camp in the Mandideep Area near Bhopal, an industrial area that has been highlighted as a high-risk area because of the presence of migrant workers and truck drivers.

The area has very low literacy rates, high crime rates, high levels of aggression and violence, social isolation, unemployment, poor child-parental communication, early involvement in risky behavior and a lack of awareness of and accessibility to health services.

The specific objective of this awareness camp was to increase knowledge and understanding about HIV/AIDS and STI; to reduce high-risk behavior amongst the people; to create positive thinking and make people open up to discussing the problems; and finally to discuss the legal issues involved.

Participants of the awareness drive included factory workers, truck drivers, and their families. There were also young boys and girls who took training sessions—in total, around 400 participants attended the programme.

Our trainers included Mr. Dinkar Tripathi, a master trainer who has also conducted various programme on HIV/AIDS, and Ms. Sudha Rathore, the Ward Counselor from the Subharambh-Education, Health and Public Welfare Committee in Mandideep.

Most of the participants were completely unaware about HIV/AIDS, and some had not even heard of it. To break the ice, the movie Amma, which highlighted the issue, was also on the screen. It was important that programme leaders give a brief introduction on family planning before speaking of a highly tabooed subject. After this, the programme started with the basics of HIV/AIDS, causes, symptoms, precautions and available medical facilities.

The methods used in the programme included:

1. Interactive Sessions
2. Movie Screening
3. Poster Presentations
4. Story-telling and experience sharing

At first participants were shy to come out and speak about the issues, but gradually people opened up with various doubts, such as whether AIDS spreads by sitting together or using the same towel. Men and women also had separate sessions so that they might ask different questions.

The programme also featured a discussion on the rights of those suffering with HIV/AIDS and how one should treat them—programme leaders explained human rights as well as various constitutional guarantees. Alienation and stigmatization seem to be deep-rooted because of various myths associated with those suffering from HIV/AIDS, so the programme emphasized an explanation of the rights and legal provisions pertaining to the same. In addition, the programme explained the concept of legal aid.

Relevant educational and informational material was also distributed, and the use of condoms was also promoted. Participants could also receive a list of all the centers where free medical check-up and testing is conducted with full privacy and confidentiality.

This was the first programme that was conducted in that area on this issue and was highly appreciated, as all of this information was new to participants.

Garima Tiwari is a 2012 HIV/AIDS JusticeMakers Fellow working in Bhopal, India. Her project focuses on educating lawyers, prison officers, and police on the rights of people in the criminal justice system living with HIV/AIDS.