Mumbai: The death of a toddler and the alleged involvement of a 10-year-old girl has ignited urgent conversations among child rights activists and legal experts. As the community reels from the shock, experts highlight the need to handle the case with sensitivity and say the path forward would have to provide healing and rehabilitation.

“Here, one family has lost a toddler, is is traumatised and needs to be taken care of. The other family has a child who will need to be counselled to find out whether she was facing any stress, anger or abuse that could have resulted in such an incident,” says activist Farida Lambay. “Even if the law says that personal details of the child be kept confidential, reintegration into the community could be a challenge,” she says.

Advocate Seema Adate says Juvenile Justice Act requires all decisions to be taken in the “best interest of the child”, whether he/she is a child in need of care and protection or a child in conflict with the law. “An offence is not registered when a child is between the ages of 7 and 12 and does not have the maturity to understand the consequences of his/her action. The child would be sent for counselling and regular follow-ups would be taken.

The system is in place to look after the welfare of the child,” she says.

Another lawyer says the atmosphere at a Juvenile Justice Board (JJB), before which such children are produced, is different from that at a magistrate court for adults. “It is child-friendly and liberal when it comes to granting bail. But JJB would ask for an after-care plan, which should specify in detail what would happen to a child after release. A probation officer would go to the child’s neighbourhood and make inquiries about the family background and the child’s background. These factors would be considered before releasing the child on bail,” he says.

Non-profit groups are involved in such a child’s rehabilitation. They have teams of psychologists to work with the child. JJB decides whether the child needs to be kept in its custody or can be handed to a fit person. “A thorough analysis is carried out... JJB would ask for a social background report and assessment reports,” says Adate.

Reintegration into society is always challenging, says activist Navnath Kamble of NGO Pratham. “We have tied up with JJBs to offer skill programmes to children in conflict with law who are about to turn 18 and leave the institution.”