For a juvenile-friendly judicial process
After graduating in Social Work in 2015, I worked as a social worker at a juvenile correction home, where I had first-hand experience of working with 60-80 juveniles. A space for children in conflict with the law, a juvenile correction home strives for holistic development of children through education, vocational training and personality development. It also promotes physical and mental well-being through psychosocial counseling, recreational activities and individual care. Though there is ample space for social workers to engage, social work, an internationally recognized profession, is still a developing profession in Nepal. The government must give social work a boost by recognizing it as a profession. Social work forms a part of the juvenile justice system in Nepal also. This article will try to portray the dilemma that social workers face working in the juvenile justice system and recommend measures for improving the juvenile justice system. The Act relating to Children 2075 BS (2018 AD) of Nepal mentions a role of social worker in the juvenile justice bench alongside a psychosocial counselor and district judge. This legislation provides a framework to design and implement child-focused programs that hold society and concerned stakeholders more accountable to children. Juvenile justice system considers children under 18 as not mature enough to decide what is right or wrong, so it requires separate law to treat children in conflict with the law. This system comprises separate sentencing guidelines, court structures, juvenile secure detention facilities, etc as the juveniles need special protection and support from adults to ensure their rights. So, social workers have multiple roles ranging from problem-solving, interacting, negotiating and discussing issues facing a child. They play a crucial role to ensure the rights of children, including their safety, a healthy development and overall protection. Professional social workers can help reduce the incidence of abuse and neglect and support families to raise their children well. Unlike any other profession, a social worker also goes through tough times and faces ethical dilemmas in deciding what is good for the client in the juvenile justice system and particularly in a correction home. As a social worker, I have faced a number of dilemmas while working with juvenile offenders. They involve the choice between individual rights/welfare, and public welfare, equality and diversity, structural oppression, and the boundaries of professional roles. Poorly understood Social work is poorly understood and does not have legal entities in other areas with the exception of the juvenile justice system in Nepal. Social workers do not have specialized positions for specific works in their domain. Hence, one cannot proudly introduce him/her as a “social worker’’ in any other areas as Nepal is yet to give the profession a wider legal recognition. General public does not know much about the position and roles of social workers in Nepal, which sets a gap between the juvenile and social workers. A powerless position A social worker’s involvement is necessary as early as possible from the time children come into contact with police into the court process. Social workers feel powerless not having any influence on the children’s voice from the time of prosecution, trial and hearing in the court. Social workers cannot directly intervene in case of child abuse, sexual abuse, children’s safety, and violence. It falls under legal jurisdiction, under the purview of the government. One of the pertinent issues facing social workers is the lack of support from local municipalities and government offices. In the government’s scheme of things, there seems to be no place for social workers. Involvement of a social worker in early stages of legal proceedings is crucial for understanding the background of the children in conflict with the law and preparing the social enquiry report to assist the judicial process in the best interest of the children and the wider community. In the child’s interest Juveniles come from diverse communities, geographical areas and family backgrounds. A social worker in Nepal has to work in different rural settings with vulnerable groups deprived of basic rights and living in poverty. Social work interventions need to be planned keeping diverse local cultures, indigenous practices and contexts in mind, given that the gravity of existing social problems can be different for different peoples. In a nutshell, juveniles have every right to live with respect, dignity and with their rights protected. To achieve this end, a frontline social worker needs to be mobilized under a strict licensing system along with enabling social workers to intervene in cases, empowered by legal identity and professional regulations. On their part, social workers must collaborate with government entities for introducing relevant regulations and guidelines governing social work. The author holds a master’s degree in social work from the University of Lincoln, UK