Eight-year old arrested?

THE High Court's suo moto rule on the detention of an eight-year old girl has exposed, once more, the stereotyped, unimaginative and thoughtless approach that may turn enforcement of the law into a ruthless exercise, particularly when it comes to the poor and vulnerable sections of society. The HC took cognizance of a newspaper report and asked the government to explain why the arrest of the minor girl, charged with carrying phensidyl bottles, should not be declared illegal.
The tender age of the accused should have been enough to convince the prosecutors that legal proceedings against her would be both unfair and untenable. This is a clear case of child abuse in which a minor was employed for carrying drugs. The culprits who strapped the bottles with her waist and legs are the ones the law enforcers should have sued and brought to justice. Obviously, poverty and lack of social security leave a huge number of children highly vulnerable to all kinds of exploitation. In this instance, the girl was used for committing a crime. But there is no doubt that an eight-year old could not be held responsible for what she did.
The law enforcers showed complete lack of sensitivity to the child's vulnerability and inability to defend herself. After all, enforcement of any law cannot be a mechanical exercise devoid of due concern for children whose mental immaturity is an evident countervailing factor in such cases. It is only proper that in case of a proven child offence, he or she can at best be sent to a juvenile reformatory, not certainly to jail. The girl who had to undergo the ordeal of being detained by police represents a large chunk of the population whose basic human and legal rights are often violated some way or the other.
The High Court's suo moto rule should awaken the entire law enforcement and justice system to the need for upholding the principles of compassion and fair play.