India may have made significant strides in various fields, including science and technology, infrastructure, education and economy over the years but is lagging behind in social development with crime rates, especially against women and children continuing to rise. The National Crime Records Bureau’s latest data showed 1,49,404 cases of crime against children being reported in 2021, which is more than 409 cases daily and an increase of 16.2% over 2020. The rise in the crime rate could be a result of awareness and realisation of children’s rights; the general public appears to be more forthcoming in reporting cases now than in the past but the harsh reality remains that millions of children continue to be abused. This is despite the government of India upping the laws to protect children through legislations such as The Juvenile Justice (Care and Protection) Act; The Prohibition of Child Marriage Act; The Protection of Children from Sexual Offences Act; and The Child Labour (Prohibition and Regulation) Act. Children are still prone to violence, abuse and exploitation in spite of efforts being made to fast track justice delivery on cases involving minors as well as amendments with provisions for stricter punishment to offenders. This indicates the need for improving justice delivery system and to enhance community involvement to ensure that children are protected.
One of the biggest stumbling blocks in tackling crime and delivery of justice in Naga society is its customary laws. Many are still confused whether to solve an issue in the Naga customary court or through Indian legal system, leading to unnecessary delays in filing of cases. The fact is that most Naga customary laws are obsolete today. For instance, a punishment as lenient as public shaming and imposition of fines including killing of a couple of pigs, for a crime as serious as rape, is not acceptable and sheer injustice. The failure to check child labour in a state like Nagaland is also partly due to lack of provision in Naga customary law that prohibits such social evil. No wonder people continue to keep children as domestic helpers to this day despite knowing that it’s illegal under the Indian law. With no effective system in place to check such illegal practices, cases of minors being tortured physically and mentally, either by their employers or caretakers, continue to surface at regular intervals. Such cases shake the conscience of the public and invite an outpouring of condemnation as well but that’s not enough to curb such crimes. It is necessary to clearly outline what cases fall within the ambit of the Naga customary law and outside of it, in order to prevent crime and improve justice delivery. Juggling between two legal systems for the same crime can create confusion instead of serving justice. Proactive community involvement is also vital in curbing child abuse as it can take place anywhere and is often perpetrated by someone known to them or a wolf in sheep’s clothing. Every child has the right to grow up in a safe environment and it is the moral responsibility of society to ensure that.
