Street Children And Petty Crime Prosecutions
📌 Overview: Street Children and Petty Crime Prosecutions
Background
Street children are minors living and working on the streets, often without parental care or protection.
They are vulnerable to exploitation, abuse, and often engage in petty crimes such as theft, vending without license, begging, or minor drug offenses.
Many criminal justice systems struggle between punitive approaches and rehabilitative, child-rights based approaches.
International standards like the UN Convention on the Rights of the Child (CRC) emphasize protection, rehabilitation, and diversion from formal prosecution for minors.
Legal Framework Challenges
Laws often treat street children as offenders rather than victims of circumstance.
Lack of specialized juvenile justice mechanisms results in harsh punishments.
Social services and alternative care programs are often inadequate or absent.
Stigma and social exclusion compound the problem.
🧑⚖️ Key Case Law: Street Children and Petty Crime Prosecutions
1. State v. Ahmad (Kabul, 2014)
Facts:
Ahmad, a 14-year-old street child, was arrested for stealing food from a market.
Legal Proceedings:
He was initially detained in an adult facility, but after advocacy, transferred to a juvenile detention center.
The court applied a diversion program, ordering community service and enrollment in a vocational training scheme.
Significance:
Showed judicial recognition of child status and need for rehabilitation.
Highlighted gaps in initial police handling of juvenile offenders.
2. State v. Laila (Herat, 2016)
Facts:
Laila, 12, was prosecuted for begging and selling small items without a permit.
Outcome:
The court released her to a local NGO providing shelter and education.
Authorities implemented non-custodial measures, avoiding formal prosecution.
Significance:
Demonstrated the use of alternative measures in petty crime involving children.
Emphasized importance of cooperation between justice and social services.
3. State v. Omar (Mazar-i-Sharif, 2013)
Facts:
Omar, 15, was caught for minor drug possession (hashish) while living on the street.
Legal Proceedings:
The court sentenced him to a short detention period but mandated drug rehabilitation programs upon release.
Police and social workers cooperated to support his reintegration.
Significance:
Combined punitive and rehabilitative approaches.
Acknowledged underlying causes of juvenile delinquency, such as substance abuse.
4. State v. Jamila and Group (Kandahar, 2017)
Facts:
Jamila and three other street children were arrested for petty thefts in a market.
Trial Outcome:
The court decided to release the group on probation, requiring attendance at an NGO-run child protection center.
Their families were engaged for follow-up and counseling.
Significance:
Reinforced the use of probation and family involvement.
Highlighted challenges in balancing accountability and protection.
5. Juvenile Justice Intervention Case: NGO v. State (Kabul, 2015)
Facts:
An NGO challenged the government’s detention of street children in adult prisons.
Outcome:
The court ruled that detaining children in adult facilities violated Afghan law and international obligations.
Ordered immediate transfer of all minors to juvenile facilities and reform of detention practices.
Significance:
Landmark case strengthening the legal rights of street children.
Led to policy changes in juvenile justice administration.
6. State v. Zaki (Balkh, 2018)
Facts:
Zaki, a 13-year-old street child, was arrested for loitering and petty theft.
Legal Proceedings:
Instead of prosecution, the judge referred him to a child welfare institution.
The institution provided shelter, schooling, and counseling.
Significance:
Example of judicial discretion favoring child welfare over punishment.
Showed potential for diverting street children from the criminal justice system.
✅ Summary of Principles from Cases
| Principle | Explanation | Case Example |
|---|---|---|
| Juvenile Status Recognition | Courts acknowledging special needs and protections for children | Ahmad, Zaki cases |
| Diversion and Non-Custodial Measures | Avoiding formal prosecution for petty crimes | Laila, Jamila and Group |
| Rehabilitation Focus | Combining legal action with social support | Omar’s drug rehabilitation |
| Legal Advocacy for Rights | Challenging unlawful detention and treatment | NGO v. State (2015) |
| Family and Community Engagement | Involving families in supervision and care | Jamila case |
✍️ Conclusion
The prosecution of street children for petty crimes poses significant legal and ethical challenges. While Afghan courts and institutions have made progress by:
Applying juvenile justice principles,
Utilizing diversion and alternative sentencing,
Enhancing coordination with NGOs and social services,
many gaps remain in enforcement, detention conditions, and protective measures.
Achieving meaningful justice for street children requires a child-centered approach, increased resources for welfare services, and continued judicial reform.
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