Court sets new precedent by releasing minor into State care

The Juvenile Court set a new precedent today by ordering the Ministry of Law and Gender to take custody of a 15-year-old minor, releasing a minor into State care for the first time in Maldives.

The court order issued today states that the child will remain under the protection of the State until the minor is 18 years old, or a legal guardian is arranged. The child was arrested for the abuse and possession of illicit drugs, and the Juvenile Court had remanded the child into police custody numerous times until now.

The court order revealed that the child’s father had been brought before the courts on drug charges on many occasions, and that the Juvenile Justice Unit had recommended to the court not release the child into the father’s custody. The child’s mother, who was summoned and questioned by the court, had refused to take custody of the child, after recounting her poor living conditions.

The court order also said that the Prosecutor General’s Office, after reflecting on the circumstances surrounding the case, had decided not to proceed with charges, although the child had tested positive for drugs.

In setting a new precedent and releasing the child into State custody today, the court cited Article 35 (a) of the Constitution, which requires the State to provide special protection to children, young, elderly and disadvantaged people. It also cited the law on protection of the rights of minors, and the different international treaties on the protection of the rights of children to which the Maldives has acceded.

However, the order also revealed that Ministry of Law and Gender, and the Ministry of Home Affairs, under which the Juvenile Justice Unit functions, had stated that both institutions do not have the facility or the capacity to take care of a child ordered into State care.