Are Observation Homes Safe for Delinquent Juveniles?

Are Observation Homes Safe for Delinquent Juveniles?

Yogesh Snehi

The United Nations Convention on the Rights of Child (CRC) 1989 indicates that “the child by reason of his physical and mental immaturity needs special care, including appropriate legal protection, before as well as after birth”. It further recognizes that since in all countries of the world there are children living in exceptionally difficult conditions, they need special consideration. The government of India enacted the Juvenile Justice (Care and Protection of Children) Act (JJA) 2000 that proposed to make the juvenile justice system in India more appreciative of the developmental needs of children and bring it in conformity with CRC. It aims to provide an institutional rehabilitation programme for social integration through adoption, foster care, sponsorship and aftercare of the abandoned, destitute, neglected and delinquent juvenile and child. An interview of seven delinquents was conducted with the permission of Juvenile Justice Board, Delhi on April 27, 2004. These case studies reflect shocking facts pertaining to the state of children in Observation Homes in Delhi and make a mockery of CRC and JJA. It also raises concerns regarding the living conditions in hundreds of such 'homes' throughout India.

The socio-economic aspects of these juveniles reflect one major concern regarding the dislocated parenting; Kailash and Gaurav (names changed) don’t have a father and a mother respectively, Sonu’s father left his mother, Monu left home in search of work, Mahesh’s parents are reluctant to see him. Juvenile Justice Board (JJB), Delhi came across many such cases where juveniles have no social base as they have been abandoned by the parents. In many cases, it has found that parents have failed in discharge of their parental duties due to their alcoholic or violent behaviour (State vs. Rajesh, etc. 2004). It has larger implications on the development of children's psyche. It also has a bearing on their physical and emotional maturity. Thus while Sonu (13 years) could easily narrate the elopement of his father, Monu (16 years) could rape a 3 years old girl without any clear understanding of balatkar (rape).

Another important implication of dislocated parenting is displaced education. Four out of seven juveniles interviewed were dropouts, one left studies due to father’s illness and another was illiterate. This is despite the fact that three among them still like studying. Others did not appreciate studies because of the responsibility of bread earning, since they were eldest of all siblings. Interestingly six of them had been doing one or other work before their detention. The problems of parenting are aggravated when family members do not visit these children in observations homes. Almost all of them admitted mischief, mistakes and infighting among inmates, an indication of irritability in them.

The question of housing poses another major problem. All of them live either in slums or are being resettled in relocated slum quarters. Sonu was involved in a theft which was an outcome of a desire to have a home for the family. Government’s clean-up operation at Yamuna Pushta will only aggravate the problems of dislocation for children. This is also congruent with government’s indifference towards schooling. The sole responsibility seems to be limited to epitomizing the slogan of ‘universal education´ rather than providing an infrastructure for its effective implementation. Also the continuing apathy of the State towards mid-day meal programmes- which can not only foster the nutrition and health requirements of children but also integrate their participation in education- is a matter of concern.

Article 19 and 37 of CRC and Section 23 in Chapter II of the JJA pertains to illegality of cruelty towards children. However, the case studies of delinquent juveniles are replete with examples of serious abuse and torture of children not only in the hands of police officials while in their custody but also by the inmates and officials of the observation homes during judicial custody. This goes against the spirit of CRC and the basic principles of human rights.

Section 8 of JJA lays down guidelines regarding establishment and regulation of ‘Fit Institutions’ for delinquent juveniles, especially those who had been neglected and abandoned. ‘The purpose of a Fit Institution is to provide different types of treatment/training programmes with residential facilities during the stay of the juvenile there. Besides proper care and shelter, it is equally important that they should be provided with various types of services for their rehabilitation and social integration.’

However, in an order to the Delhi Government, in the State vs. Rajesh, etc., the Principal Magistrate of the JJB, Delhi cited serious forms of violations of section 8 of JJA at Majnu ka Tilla, an observation home for boys run by the Government of Delhi. It remarked that ‘lodging of the juveniles in this home is in the manner of insensitive and cold dumping’. JJB had found that ‘seventeen inmates of this home were kept in separate dormitory. The children narrated horrifying stories of assault by welfare officer and security guard. They also complained that they were issued only one pair of clothes, because of which many would be naked at times. The food is insufficient and there is no provision for hot water in winter.’ Besides this ‘there were no regular educational or vocational classes’.

Such insensitivity on the part of governments has serious bearing on the child justice. The State is hardly serious about juvenile delinquency. It does not have any reliable infrastructure and programme for delinquents. On 23 February 2004, the Delhi High Court took a suo moto notice of this report, treating it as a Criminal Writ Petition, and issued notices to the Government of Delhi, Director Social Welfare Department and Superintendent, Observation Home for Boys, Majnu ka Tila.

The question pertaining to rights of child does not end here. The case-studies of juvenile delinquency show that it is far more important to look into the deprivations faced by the children in India. Little has been done to prevent juvenile delinquency and evolving sensitivity of parents towards the needs of children. The entire narrative of the juveniles and an understanding of government’s policies and programmes show wide gaps and serious discontinuities in the plan of action for safe childhood. Not much has been done to identify areas of ‘core intervention’. Little has been done to provide minimum social security for children to ensure their fundamental need of education and health (especially for slum children). Medical attention becomes all the more important in the light of the fact that juveniles face physical and emotional turmoil during their stay in juvenile homes. A recent fact-finding at Majnu ka Tila revealed serious forms of sexual abuse of children under observations. It also revealed that these children had easy access to drugs. This makes the matter more serious.

It is important to device policies on the rights of child by integrating it with (for example) family welfare programmes. The narratives reflect upon deprivation caused by too many siblings in the family. Interestingly four out of seven children were eldest in their family who had 3-6 siblings. Lack of family planning continues to doom the future of children in poor families. Here, I do not intend to essentialise delinquency with children of lower income groups, since there is ample evidence reflecting on drug abuse leading to delinquency in rich and affluent families.

Moreover, insensitivity on the part of the officials of juvenile homes has to be taken seriously. It is essential to sensitise the police and the officials of these homes in their dealings with delinquents by providing special training to them. ‘What is _ _ _ _ necessary is to appropriately train all the functionaries under the statute, create in them the necessary bias and motivate them adequately to arise by the demand of every situation’ (Sheela Barse vs. Secretary, Children Aid Society. 1987). It is important to take this issue very seriously and immediate steps should be taken to ensure that delinquents are provided such conditions where their social integration is possible.

25 September 2004