Gauhati High Court making impact in children's lives

The Gauhati High Court completes 75 years. This celebratory occasion presents the opportunity for me to reflect and write about my own personal experiences of engaging with this hallowed institution, as a leading child rights practitioner from the region.

The career choice that I had made as a young boy, straight out of college, brings me into contact with hundreds of children every year, many of whom are victims of various forms of violence, who reach out to me with the hope that I can support them in their journeys of justice. Therefore, I spend a considerable amount of my professional time oscillating between various institutions within the child protection system, the police system and the judicial system.

The Gauhati High Court has been one such institution that I have had the opportunity of closely working with. Be it through a series of public interest litigations to bring about accountability within statal mechanisms,or through the consultative programmes for the implementation of child protection laws, or through tea-time conversations on child rights with a group Judges; my engagement with the Gauhati High Court has been nothing short of remarkable.

As a practitioner, who doubles up as an activist as and when the need arises, it is customary for me to talk of things that endanger the welfare of children. It was rare that my protestations ever found a space for hearing and redressal. However, to my surprise, the first time when I reached out to the chairing Judge of the juvenile justice committee, to voice my complaint against the transgression of a legal functionary, not only was I given the space to air my grievance, there was also immediate action against the erring functionary. This is just one example of the many positive experiences that I’ve ever had with a sitting Judge of the Gauhati High Court.

Over the years, I have closely observed the way in which the judicial system in the Northeast of India has progressively evolved, especially in the arena of child protection; and I strongly feel that most of this change can be attributed to the commitment, compassion and leadership provided to the entire institution by the Honorable Judges of the Gauhati High Court. A quick analysis of judicial pronouncements and oral observations of Judges; the regular State-level juvenile justice consultations, and the infrastructural and procedural advancements in the lower judiciary will bear testimony to the story of change that I write about today.

Another set of change makers, who work tirelessly to fulfil the rights of children at the High Court level, are undoubtedly those advocates who provide services to children belonging to the poorest of the poor. Senior Counsel Kaushik Goswami, who represents child sexual abuse victims; Advocate Rakhee Sirauthia Chowdhury who fights for the rights of children with disabilities; and those many others who provide pro bono services to children belonging to the socio-economic margins of the society, are a few examples of leaders who bring about a culture of compassion within the judicial system of Assam. The Gauhati High Court is rife with such compassionate lawyers, who make justice possible for children of the last mile.

There are, of course, major challenges on the pathway to the ideal and there are various problems that plague the justice system in the North east of India.Staffing constraints, case overload and limited technology are some of the issues that have adversely impacted timely delivery of justice and services towards children; which the judicial system has yet to address.

As a child rights practitioner, working on justice for children for over a decade now, I have come to believe that as much as systems have an impact on individuals, individuals too have an impact on an institution. For instance, despite all the pitfalls, a dedicated lawmaker can still bring about universal education among poor children, a diligent police officer can still ensure a speedy investigation and a compassionate judge can still deliver quality justice to a victim of child sexual abuse. If live examples are to be cited, I have seen a Dr. Himanta Biswa Sarma who been able to make child protection a priority; an Audrey Bhattacharya and a Deepa Bezbarua Saikia who have been able to make Special Courts child-rights compliant; a Harmeet Singh who has made child-friendly policing a reality; and a Kabin Goswami, a Jitu Dutta and a Kishori Baruah who has made speedy grant of Special Relief for child sexual abuse victims possible. These are just a few examples of ordinary individuals making extraordinary changes within a system.

A system always comes with a set of challenges. However, the efforts of individual leaders can help overcome such challenges and shape the institution in a way that can make impact in the lives of people. The Gauhati High Court, for me, has been an example of how an institution, with good leaders and change makers, has been able to make lasting impacts in the lives of children in the North east of India, and will continue to do so in the times to come.

Former President of India Late Dr. APJ Abdul Kalam, who was also my mentor, during a conversation with me at his 10 Rajaji residence in New Delhi, in 2010, had told me that: “………. A Nation becomes great and good when its people are great and good”. Therefore, I, too, strongly believe that when good people and good leaders are already a part of an institution like the Gauhati High Court, the journey to the ideal may take time, but will eventually happen.

About the author
Miguel Das Queah is a child rights activist based in Guwahati, Assam and is the founder of UTSAH, a non profit organisation working for Child Protection since 2011.