The Committee feels that there should be some person or body apart from the departmental officers to whom a child could turn for help if it is unhappy in its new surroundings or feels that it is not being properly treated.

=(5) Changes Proposed=

In the foregoing subsections it was sought to show how it came about that the statute itself is not a completely satisfactory one.  Some of its provisions were adapted from earlier statutes which dealt with “neglected” and “criminal” children, and “industrial schools”.

In the course of the history of the legislation the age of a “child” has been progressively raised from 14 to 15, to 16, to 17, and to 18 years.  Many of those dealt with would scorn to be regarded as “children” in the outside world, but they are glad to have the advantages accruing from being dealt with in a Children’s Court.

It is pleasing to know that some officers of the Division are concentrating upon preventive work, but just where, and how such work is being done, and the effect of it cannot be measured.

The Committee makes the following recommendations for amendments to the existing legislation: 

(a) The Creation of a New Offence under which children of either sex who are guilty of indecent behaviour may be charged as “delinquents” in lieu of the present procedure under which the boy must necessarily be charged and gazetted as a criminal while the girl is not charged at all.

A suitable amending clause would be: 

    Every child shall be deemed to be a delinquent child within the
    meaning of the Principal Act who—­

    (i) Being a male, carnally knows or attempts to carnally know
    any female child under the age of sixteen years;

    (ii) Being a female, incites or encourages a male to carnally
    know her and permits or suffers him to do so;

    (iii) Indecently assaults any other child.

    It shall not be a defence to an information or complaint under
    this section that any child consented to the act.

(b) The Attendance of Parents at a Children’s Court Should be Made Compulsory: There is not at present any provision whereby the parents of a child who commits an offence must attend Court.  The provision in section 13 (1) that the Justice may require the person having the custody of a “delinquent” child to attend, with or without the child, does not meet present needs.

The Committee therefore recommends the acceptance by the legislature of the following new provision: 

In every case in which a complaint or information is laid against any child, or against the parent or guardian of a child, under section 13 of the principal Act, the Justice before whom the said complaint or information is laid shall issue his summons to at least one of the parents of the said child or to the guardian or other person having the custody of such child to appear before the Children’s Court with the said child.

(c) The Court Should Have Power to Make Orders Against the Parents of Offending or Delinquent Children: Suitable clauses in this connection submitted for the consideration of the Government are: