‘The Neglected Children’: Custodial Abuse Of Queer Child Offenders

Tanvee Jain, Amity University, Kolkata

Shreyosee Mullick, Amity University, Kolkata

Ratul Ghosal, Amity University, Kolkata.

ABSTRACT

The queer or LGBTQAI+ community has always been neglected across the world throughout the history of humankind. It is no exception when it comes to Indian society. Not only in the social and political arena they have been deprived but also in the legal domain their recognition has been overlooked until the Navtej Singh Johar case that altered the scheme of things that prevailed around such a community. Even though they were legally recognised, their treatment in reality has not changed as such. It takes a bitter image when people from such a community have been put in police or judicial custody. The situation becomes sensitive when the accused is not only a queer but rather a queer child, i.e., a queer child in conflict with law. The present article attempts at understanding the problems that a queer child in conflict with law face when put to custody under the JJ Act. It also raises questions on the legal gaps that exist in the said statute and emphasizes on the lack of any body that has the expertise to deal with such children. Although, in case of sexual abuse of a child, queer or not, POCSO can be invoked but there too exist lacunae in the provisions that fail, or at least unable, to address the sensitivity of the concerned matter owing to the very biasness of female child victims. The article suggests and recommends the legislative and statutory bodies to look into the matter and adopt necessary measures so as to address the matter with sensitivity.

Keywords: Custodial Death, LGBTQIIA+, Queer, Children, Abuse.