CHAPTERS Introduction / Background Rationale Objectives Literature review Research methodology Finding Legal framework Judicial trend Validity

of hypothesis Implications Conclusion Introduction and Rationale: Children are considered to be the greatest asset of a nation. Their nurture and solicitude are nations responsibility. Its the duty of the state to devise programmes, frame policies, enact laws and duly implement it to protect the rights and interests of the children. The Juvenile Justice (Care and Protection of Children) Act, 2000 and 2006(amended) is a comprehensive legislation to provide justice and opportunities to children for their growth and development. The Act is based upon the provisions of the Indian Constitution and four broad rights of the UN Convention on the Rights of the Child. The Act lays down the primary law for not only the care and protection of children in need but also for the adjudication and disposition of matters relating to children in conflict with law. It conforms to the UN Convention on the Rights of the Child (UNCRC) 1989, the UN Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), 1985, the UN Rules for the Protection of Juveniles deprived of their Liberty and all other relevant national and international instruments. The Juvenile Justice system in India is based on the principle of promotion, protecting and safeguarding the rights of children up to age 18years. The Juvenile Justice Act has been broadly divided into three parts (1) Juvenile in conflict with law (2) Child in need of care and protection, (3) Rehabilitation and social reintegration. There are three institutions which come under Juvenile in conflict with law. They are Juvenile Justice Board (JJB), Observation Homes and the Special Homes. The basic aim of the Act is to adopt a child-friendly approach in the settlement and disposition of matter in the best interest of children and arrange ways for their ultimate rehabilitation through various established institution under this Act. The observation homes are the place where juveniles are kept before the hearing of case. The special homes are the place where the juveniles are kept after the final order is passed and are kept under probation and supervision. The JJB consists of 3 members. They are the Chief Judicial Magistrate and two Social Workers (one of them must be a female). There are two institutions which come under the child in need of care and protection. They are Child Welfare Committee (CWC) and Children homes. The Children Homes are the places where children belonging to the vulnerable groups are kept. The CWC consists of 5 members. One of them is the chairperson and the other members are Social Workers. Rehabilitation and social reintegration deals with the rehabilitation of children in children homes and special homes. It defines the procedure for adoption, foster care and sponsorship of child. This Act broadens the ambit of the law to groups of children who may need care and protection in view of the fast changing socio-economic conditions, and includes in its scope such categories of children who could be street children, child labourers, child victims of the flesh trade, children affected by conflict, child victims of natural disasters and children affected by drugs and HIV/AIDS. Importantly, the Act encourages partnerships with voluntary agencies and outlines mechanisms for monitoring its implementation. While providing for institutional care for children in conflict with law and the abandoned, destitute and orphaned, it stipulates mobilization of community support for outreach programmes and sponsorship for the needy, to strengthen the capacities of families to provide better care and protection. The present juvenile justice system in India is a product of a long history of concerns put forward by civil society, and of enactments, policies and programmes of the Government that came into existence over a period of time. Traditionally the joint family, caste groups and village community played a key role in looking after a child in need of care and protection. However, with the spread of urbanization and industrialization, the break-down of family structures and religious sanctions, population explosion, prospects of adventure and excitement in cities, this traditional system was no longer able to provide for care of needy children. In order
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to provide for care and protection of children in need, the Government of India came up with the first uniform national law for children titled Childrens Act in 1960 followed by the Juvenile Justice Act. Orissa being one of the backward state of the country, 47% of its population constitute BPL (below poverty line) dwellers. Children living in poverty are deprived of their rights to survival, health and nutrition, education, participation and protection from hazards, exploitation and discrimination. This makes them most vulnerable to incidences of violence, abuse, neglect, maltreatment. To deal with the issues of protection of rights and interest of children, there are Juvenile Justice Boards (JJB) in 30 districts and Child Welfare Committees (CWC) in 30 districts of the state and Special Juvenile Police Unit (SJPU) in all 30 districts. There are 15 observation homes (both government run and NGO run) and 3 special homes in the state for the juveniles in conflict with law. We would like to work on this topic because this deals with a very sensitive issue. We would like to work for the cause of children whose tender age and innocence is lost in the shackles of jail. On the outer face the lives of these children may seem easy-going but the pain and the agony they undergo is much beyond our foresight. They are deprived of their right to lead a normal life among the family members as every other child. Moreover there has been a very few empirical study in this area. Therefore we take the initiative of looking into the functioning of various Juvenile Institutions in the state. We would also like to find out all the gaps that are present in the deliverance of Juvenile Justice System in Orissa and hence look for ways and means as to how to bridge the gaps. Significance of the studyThere has been very little research on the Juvenile Justice System and its status in Orissa. So this paper is of paramount significance for the children who are deprived of their basic rights in the Juvenile Homes. After they gain knowledge about the entire justice delivery system, they would fight for their rights. During the study, the gaps and lacunae of the system would come up. This would help the government in reforming policy and laws accordingly to fill up the gaps in the system. The study report might attract more NGO/private participation, as juvenile justice is a new area of research and development. More funds would be diverted towards this system and the govt along with private participation would ensure that these funds are apportioned in the apt ratio. We, as the students of law, would get to know the practical side of the implementation of laws in the state after working on this project. All this would lead to the overall development of the juveniles and this would ensure that they have a much secured future. Objective To gain an understanding of the Juvenile Justice System in Orissa To examine the functioning of Juvenile Justice Institutions in the state of Orissa in accordance with the Juvenile Justice Act 2000 and 2006. To gain an understanding of the conditions, concerns and issues of the juveniles in the juvenile homes in the state of Orissa. To examine the status of implementation of juvenile justice Act of the state with respect to UNCRC and International Charters. Literature ReviewThere is not much of theoretical research and case studies exist that would we can assume or argue that the benefits of Juvenile Justice Act 2000 and 2006 (amended ) or the Juvenile Justice has helped in protecting the rights and interest of juveniles across the globe and country in particular. There have been some studies conducted by UNICEF, ACHR and certain organizations in this topic that highlight the condition of the juveniles in the juvenile homes and the gaps between the laws and their implementation. There has been very little empirical study and much of the areas in this field are still unexplored. We are trying to work on these areas through our research. A survey that was conducted by ACHR (Asian Centre for human rights) in the Government Observation Home, Special Home and Childrens home for the boys in Berhampur revealed very shocking and tragic f acts about these Homes. Juvenile Justice Act lays down the laws in a certain direction and the application is in a completely opposite direction. Many juveniles had fled to escape the torture and sexual abuse of the care takers, other staffs as well as the older inmates when they fail to do the work on their behalf. Yet their parents were not informed when they were subjected to serious abuse by the police officials. Depriving these children from food is the most prevalent punishment. Beds are overcrowded, educational or recreation facilities are virtually non-existent, complete lack of sanitation and hygiene, medical facilities are inadequate and most
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importantly the different categories of Juveniles and criminals being kept together placing the younger ones at high risk of abuse. There has been violation of Sec- 8(f), Sec- 8(g), Sec- 10, Sec- 17 (2) (b), Sec-22, Sec-35, Sec48(5) Sec- 63 of the Juvenile Justice Act, 2000. The findings demonstrate that the State of Orissa has wholly failed in its obligations under the Juvenile Justice (Care and Protection of Children) Act, 2000, the UN Convention on the Rights of the Child and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The research undertaken by CLAP on CHILDREN IN CONFLICT WITH LAW: Need of Juvenile System to address the root causes of offence presents a prolific analysis of Juvenile Justice Act, 1986, Juvenile Justice (Care and Protection of Children) Act, 2000 and Juvenile Justice (Care of Protection of Children) Amended Act, 2006 and a comparative assessment is made with the provisions of CRC in relation to Juvenile Justice System. Of the districts, Khurda stands at the top as far as the incidence of children in conflict with law is concerned. As many as 112 cases of juvenile crimes have been reported in the Khurda district during the period of 2003-2005 and it is closely followed by the district of Balangir, Baragarh, Subaranpur and Jharasuguda. The inferences drawn indicate that the overwhelming majority of children involved in delinquent activities are pretty offenders. The children have come in conflict with law for the simple reason of their survival and existence. The most common factor that brings children in conflict with law is the breakdown of their familial and protective environment arising out of death of the parents, separation or divorce of parents, migration to urban area as a result of chronic poverty or search in minimum livelihood for subsistence and broken relationship of children with their families, communities and society. A Study conducted by UNICEF on the Status of Juvenile Justice in Mongolia has revealed very crucial facts as to the proportion of the number of Juveniles with respect to the number of crimes. An increasing number of children are spending more and more time on the streets to escape intolerable home conditions or to make money to survive and an estimated 3,700 unsupervised children are in Mongolias cities. Many of these children turn to petty crime to survive. It is estimated that 80% of street children come from single-parent families and more than 50% have been abused. While the juvenile crime rate has increased over the last decade, National Police Agency data indicated a decline between 2007 and 2008 in the number of crimes committed. It is uncertain whether the actual number of children involved in crime increased. Consistently, 90% to 95% of juvenile offenders are boys. Most of the crimes are poverty driven rather than that of violence. During 2001-2004, in rural areas, crimes like homicide, rape and theft dominate, whereas in Ulaanbaatar crimes like mugging, robbery, hooliganism and crime against individual freedoms prevail. Secondary school students accounted for 33 percent of the children in conflict with law, whereas street children accounted for 11 percent of juvenile crimes. The report by UNICEF on Juvenile justice System lays down the facts and the figures of the number of Juveniles Worldwide. More than 1 million children worldwide are detained by law enforcement officials. In many prisons and institutions, children and young persons are often denied the right to medical care, education and individual development. In 2002, 136000 children in the CEE/CIS region were sentenced for criminal activities, compared to 117,000 in 1990. Russia alone accounted for 65 per cent of these numbers. The Report has also suggested a number of steps that can be undertaken by the International Organizations (UNICEF), the Government (legislation) in collaboration with the private bodies to try curbing the menace. The paper presented at the National Seminar on Care & Protection of Disadvantaged Children in Urban India at 1 RCUS, (17-18 Nov.2006), Lucknow , is a critique of the Juvenile Justice Act, 2000. The paper highlights the flawed approach of the Juvenile Justice System in India. It is of the view that the JJ Act does not perceive the delinquency or the issue of children exploitation in holistic terms. There are imbalances, differences in treatment of the law and the procedures in different states. This hampers the uniformity on national level. The lack of training in handling the affairs relating to children on the part of such officials is found to be a decisive factor. Considerable failures in implementing this law also stems from the lack of coordination amongst various institutions involved in the process. The financial crunch in the institutions involved is also cited as a factor discouraging the progress of implementation of this law. The career growth of the staff involved in the implementation of this Act has also to do with the fate of this Act. The act fails to express the
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G S Bajpai, Department of Criminology & Forensic Science, Dr H S Gour University, Sagar (MP)

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minimum age, below which the Act would not be applicable. The definition of juvenile delinquency provides very little scope for petty acts to be dealt within the community. There is no concept of parental responsibility in generating situations ripe for delinquency under this Act. The Act fails to provide for procedural guarantees like right to counsel and right to speedy trial. The Act is silent on inter-country adoption. Juvenile Justice thrives under the shadow of the adult criminal justice agencies and institutions (like the police). A rights based perspective, is a missing dimension in this law. In its present shape, child protection becomes more of charity than a commitment. Protection of such children is not seen as a right but as charity. Addressing to the requirement of such children needs a regular coordination amongst parallel government agencies working in the similar areas. This lack of coordination and convergence of programmes defies the core objective for juvenile justice policy. The JJ Act does not have any provisions, which could ensure the continuous supervision, monitoring and evaluation of the functioning of juvenile justice system as a whole. The coverage of the act is quite limited and a large number of children technically fall away from the preview of this law. The resources and infrastructure required for the effective implementation of this law is hardly proportionate to the population and geographical regions covered under it. The requirement of constitution of Child Welfare Committees and Juvenile Justice Board is largely remain unfulfilled resulting in the delay of disposal of cases. There is no index of performance measurement of the institutions in the area of juvenile justice. The current juvenile justice policy does not have a preventive approach. The delinquency prone situations are increasing but there is no substantial mechanism to check it. Therefore the need to make a proper study of the feasibility is imperative. At times, the goals of such laws are too ambitious and they do not relate well to the ground level situation.

MethodologyThe study process will first examine the policy and programmes like juvenile Justice Boards (JJB), Child welfare Committees (CWC) and Juvenile homes for juveniles and young population in the state of Orissa. Then we would proceed to look at the various stakeholders who are directly related to the system and the actions taken by them at all levels followed by the identification of the key issues of concern faced by the juveniles. The stakeholders include the juveniles, the people taking care of juveniles, people working with the Juveniles and policy makers and the planners. The study would be conducted across 3 districts of Orissa comprising each one from each revenue divisions of the state. In each district we would examine the efficiency of the Juvenile Justice Boards, Child Welfare Committees and Juvenile Homes and how far justice is delivered in these homes. Then we would take interviews of different levels of stakeholders and examine their actions specifically at the district level. In line with our study, five different methods will be used to collect data and information in order review and assess the outcomes of the project, its relevance, effectiveness and sustainability of the project: Desk and document review and content analysis of various policy documents, technical reports, progress reports. Face to face interviews with key stakeholders, NGO partners, Social Workers and juveniles placed in the observation homes and special homes. Semi structured interview with group of children (Juveniles). Focus Group Discussions with children and follow up interviews with selected respondents. Case studies of those who have been staying in these juvenile homes.

Reasons for sampling: Orissa is divided into three Revenue divisions in order to have a overall study report of the state. Keeping in line with the same, we have selected one district from each division. They are Ganjam from the southern division, Bhubaneswar/Cuttack from the Central Division and Sundergarh from the northern division. In each district we are going to study the Juvenile Justice board, Child Welfare Committee, Children homes, Observation Home/Special Home. We have selected Ganjam and Sundergarh districts in specific because both have Special homes. We are also going to study the NGOs working on issues and concerns relating to juveniles. The NGOs are C.L.A.P, Basundhara and PECUC. The NGOs have been specifically picked up as Basundhara runs a Children Home; CLAP &PECUC also works on issues concerning the Juveniles. We are also going for personal interviews

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with the policy makers enquiring about the implementation policy of Juvenile Justice System in the state and the policy changes made by the state with the amendment in Act. FINDING OF STUDY Juvenile Justice Board (JJB)Juvenile Justice Boards have been formed in each district of the state. In each of the three districts that we have covered in our research paper, JJB is playing its part. They have been playing their role efficiently. On an average, the JJB have been disposing of 15- 20 cases .Due to lack of proper infrastructure JJB are not able meet regularly and discuss on cases .CJM chamber is the place where all the three JJB meet regularly. CJM in all the three JJB are overburdened with their regular cases, so he is not able to give proper time for JJB Sittings. Majority of the juveniles produced before the JJB are poor background. Free legal aid is provided to juvenile who come from a poor background. Juvenile Justice Board, GanjamDue to lack of proper infrastructure, JJB sittings takes place in the court premises in CJM chamber. According to JJ Act rule 9 JJB sitting and hearing must be child friendly and shall not look like a court room. But where as we see here that the hearing takes place in CJM chamber which is in court premises .This directly violates the JJ act. Due to lack of man power (probation officer) the enquiry report is not filled on proper time. This violates rule 13(6) of JJ act. It states that the enquiry report by the board shall be completed within four months after first summary report. There is no proper coordination between the DSWO and JJB. Due to which the JJB is not able to ensure proper mainstreaming and social reintegration. This clearly violates the state specific rule 5(a) of Orissa rules. Board meets once a week .But as per act it should meet on all working as per rule 9 (3) JJ Act. This is clear violation of JJ Act As per CJM Juvenile Justice board members are not provided with proper training, they are not cooperative in attending the JJB sittings as they are not well equipped. Juvenile Justice Board Cuttack There is no proper infrastructure for JJB sittings. The sittings take place in court premises in CJM chamber. According to JJ Act rule 9 JJB sitting and hearing must be child friendly and shall not look like a court room .But where as we see here that the hearing takes place in CJM chamber which is in court premises .This directly violates the JJ act. Due to lack of man power (probation officer) the enquiry report is not filled on proper time . This violates rule 13(6) of JJ act .It states that the enquiry report by the board shall be completed within four months after first summary report. Board meets once a week .But as per act it should meet on all working as per rule 9 (3) JJ Act. This is clear violation of JJ Act. As per CJM Cuttack, only principal Judicial magistrate can grant bail and it has been in practice in the district till date whereas per act section 5 of JJ Act any member can grant bail as they are empowered with magistrate power .This is violation of act . Till now no case of police ill treatment and detention more than 24hrs has not come up before the board . In cuttack district most of the juveniles are punished .Spirit of law is to grant bail order for reformation and reintegration .This is clear violation of JJ state specific rule 5(a) of Orissa. Juvenile Justice Board , Sundergarh JJB meetings are held in Rourkela observation home .This is in accordance with the JJ Act . Due to lack of man power (probation officer ) the enquiry report is not filled on proper time . This violates rule 13(6) of JJ act .It states that the enquiry report by the board shall be completed within four months after first summary report . There is no proper coordination among the various department at the district level like police , child welfare department and JJB .This is violation of state specific rule 5(a)Orissa . There have been cases where juveniles are detained more than 24 hrs and police station and ill treated police station.This is clear violation of rule 11 (2) of JJ Act . In sundergarh district no free legal aid is provided to juveniles .This is clear violation of rule 14(2,3,4,5) of JJ Act .

Child Welfare Committee (CWC) Page 5

Cuttack15-20 cases are reported to CWC every month. Mostly they come from rural and economically poor background. They meet around 6 times a month. Sitting and conveyance allowances are received by them every month on time. Surprises visit are done to the child care homes and there is an enquiry done for checking the standard of food and care. It provides free help to the child in need of care and protection and sends them to the children homes. The coordination network with police, labour department and other agencies is good. The process of tracking occurs through the childline. The children are being provided with vocational training like mobile repairing and computer training. SundergarhAbdul kalam Azad CWC member There is absence of proper infrastructure for the CWC meetings in the district. CWC is not fully functional in many areas, i.e.in most parts of Orissa. Police doesnt support the orders of CWC and doesnt help in raids conducted by CWC DSWO is not cooperative with the CWC; he doesnt work efficiently for the CWC. The entire system is corrupt. CWC meets 3-4 times in a week. The meetings extends from 2-3 hrs to the entire day when the need arises and the meeting takes place in the chairmans house due to the absence of proper infrastructure. No sitting allowances has been relieved yet by the members There are problems faced like lack of proper infrastructure and monetary as well as food problem for children in need of care and protection. There is no provision for ensuring vocational training. More than 50-60 children are referred to the child line every month. These include the victims of accidents needing immediate medical attention, girls trafficking and the child line has to make arrangements for the rehabilitation of these children.

Bharati Padhy, CWC member, Behrampur CWC meets thrice a week , in case of any emergency it extends to more than 3 days a week They are not provided with sitting or conveyance allowances DSWO is very insensitive towards this issue Infrastructure is nil They are not being provided with any vehicle or manpower Meeting takes place in the observation homes Letter have been issued to the government as well as the collector for providing allowances so far nothing has been done There is no proper coordination of board in respect of cases needing care and protection Police are least bother about the orders of CWC no response have been received from any police officer No sufficient training has been provided to police officer No further action plan have been thought of further development of the juvenile There is no follow up or dropping centre Letter has been issued OCASE and no response has been received so far. Mostly 80% of the cases are reported from the vulnerable groups Before the CWC in a month There should be proper network between administrative officer, police , judiciary , DSWO , CWC and labour officer. SJPU should stick to their duties , no civil dresses for them , group discussion and action plan should be followed up There is requirement of establishment of proper counselling Vocational centre should be very creative for catering todays needs. For e.g. - mobile repairing, fashion designing. There should be monitoring power, manpower, and infrastructure for CWC meeting. From all these findings, it is clearly evident that Cuttack is in a well off position in comparison to other districts like Ganjam and Sundergarh. The police, labour department and other agencies here are sensitised enough to work for the cause of children unlike that of those in other districts.
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Whereas in Cuttack, the members and chairperson of the committee are provided with sitting and conveyance as per Rule 23 of JJ Act, this is strictly violated in the districts of Ganjam and Sundergarh. In all these districts, the meeting is held in proximity to the children homes according to Rule 24(1) of the JJ Act. According to rule 25(g) of the JJ Act, different steps have been undertaken by the CWC members to ensure appropriate rehabilitation and restoration in that of Cuttack whereas this has not been possible in other districts due to monetary hindrances. There is proper coordination of the board with various departments in Cuttack according to Rule 25(o) of the JJ Act. This has not been the same in other districts due to the distance of these districts from the main office at Bhubaneswar. There have been complaints from these members that the coordinating agencies are very complacent. Their problems are least heard in the appropriate forums. In all these districts CWC reviews the condition of children institution frequently according to Rule 25(p). In all the districts, CWC makes an effort to trace the family of the child and they are handed over to their families. This is according to Rule 27(13) of JJ Act.

NGO working for the Juvenile NGOs have been assigned an important role in the JJ System. They are the ones who are to stimulate and streamline the functioning of JJ Institutions as well as provide various stakeholders proper training for their efficient functioning. The Childline Centers are also present in some of the NGOs. In our research, we have interviewed some of the prominent NGOs of the 3 districts who have played their part in the JJ System. Disha- Sundergarh This is the first voluntary organization in Sundergarh that has been successful in creating an identity of a civil society. This institution has regularly monitored the functioning of various Juvenile homes, made an effort to increase awareness among them. It ensures that all the stakeholders involved in the JJ System are committed to their work. This organization gives training to the police at all levels- havildars, sub-inspectors. It also facilitates linkages for the vocational training of the juveniles in the observation/ special home. Child line is pro-active in this area and it makes arrangements for the rehabilitation of the trafficked and abused children. It constantly fights for the rights of the child and its survival and larger societal awareness. Its main concern is that there is no reformative process undertaken by govt. or NGO for children in the district. There is no understanding of the JJ System and no commitment on the part of the govt. so far. The body has no quality to deal with the JJ System. It recommends that the govt. should create more space for the proper functioning. It further says that there should be equitable distribution of the productive resources. Structural change and reformation in the mindset should be stressed and the system needs active and committed people. Basundhara- Cuttack This organization has been monitoring child line activities in the district of Cuttack. It also runs a childcare home in the same district. The children who are sheltered in the home are often from the economically low background. This NGO has been successful in imparting quality education to its children. The quality of the food is also very good. This institution has been a catalyst in the functioning of the JJ institutions in the district of Cuttack. Besides this, Basundhara has also provided children in conflict with law towels and other necessary things. The CWC meetings are also held in the premises of this organization. In spite of all the efforts taken by this institution, its concerns are Rs 750/- issued per child are very meager when the cost of living today is so high. Same amount of Money is allocated to the child in conflict with law as well as the child in need of care and protection. This should be increased for main streaming more funds are required. Budgets are allocated for these children under many different schemes but the funds are not yet released. Though every district has the Human Rights Protection Cell, and there is appointment of SJPUs, yet there is complete failure of child friendly police in our state. In spite of the presence of 9 children homes in the state of Orissa, (mentioned in the WCD website), why is it that just 3 of them are functional in the state. Govt. is taking this matter very complacently when the entire course of life of a child depends on this. Clap- Cuttack This was the first NGO that filed a PIL for constituting LLBs and CWCs in all the districts of Orissa. For strengthening the infrastructure, and for the better functioning of the CWC members, it conducted orientation programmes. CLAP as an organization focused on Birth Registration for the first time because it was very difficult to know the age of the child in conflict with law. This often resulted in the conviction of the innocents and the acquittal of the convicted.
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So it filed a PIL in Supreme Court for birth registration in 2008 and it got disposed off in 2010 with positive order. It strongly said that giving shelter and all round protection to these children is the exclusive responsibility of the state. The state is shifting the burden to the civil society because it is very much aware that it is not possible on the part of the state to manage the system with the meager amount of funds. It believes that if the state is involving NGOs in the service delivery matters, then it should not be excluding them from the administrative matters. There is low convergence at the operational level in Indian courts. NGO ISRD GANJAM & GAJAPATI CHILD LINE They continuously instigate the JJ boards and CWC members. They train the SJPU, caretakers and there is knowledge sharing between them. They are involved in imparting adequate training to police and Mahilla Sishu Desk. There has been a wrong interpretation of the system The members of SJPU should not be members of CWC. Govt. says child in need and care of protection should be kept in a childrens home unfortunately Berhampur has no children home. There should be changes in the implementation part. Juvenile Homes (Observation home , Special homes ) Orissa has four observation and special homes which gives shelter to the children in conflict with law .These are present in Rourkela , Behrampur (boys & girls), Angul . These homes cater the needs of children in conflict with law sent by Juvenile Justice boards from different districts .Under our survey we covered three Observation home ,those are observation homes for boys in Behrampur & Rourkela and observation homes for girls in Behrampur .We have interviewed on an average 5 juveniles and caretakers from each of these homes . Caretaker of Rourkela home There were 53 juvenile present as on 3/6/11.1 from special home and 52 from observation home . 1-superintends (vacant), 1-caretaker (vacant) ,1-Kitchen attendant (suspension) . As per JJ Act rule 68 , which specify the required number staff of juvenile homes .This is clear violation of JJ Act . The observation home does not have any staff quaters in its premises . But as per rule 40(4) of JJ act it state that the officer incharge and staff quarter must live in quarters in the premises . Vocational training is provided at Utkal mani Gopabandhu ITI .Juvenile are provided with education facility .They have got a different room as class room . The home also has a kitchen Juveniles are provided with counselling facility by the satya sai group and Art of living group and Christian missionaries .This is as per rule 46(6) There are 6 toilets for all the juveniles in the home.Toilets are cleaned by sweepers on daily basis sometimes children also clean there toilets . This is as per rule 40 of JJ Act . The observation home has two separate dormitory for separate age group children . This is as per rule 40(2)(a)(ii) and 40(2)(b) The premises is cleaned daily and the garbage is burnt . Juveniles are provided with mosquito nets . Annual pest control is carried out by municipality on call . juveniles are provided with bed sheets and mattress .They are provided with one pair shorts and shirt .There are security guards 24X7 round the clock in the juvenile home . The juvenile does not have a medical centre. The Circle jail Medical officer visits twice in week attends the juvenile . But as per act rule 42 (1) of JJ act there should be doctor exclusively for the Juvenile home . Juvenile are provided clean drinking waters . Juvenile are provided with carom , ludo , chess board , and foot ball for their recreation .Home has two Television with cable connection for recreation of juveniles .They are provided with diet as per diet scale prescribed in the Act.These as per rule 55 of JJAct. They provide chicken on last Sunday of month and egg on rest of the Sundays . They are provided with motor cycle repairing as vocational training . Children contact their parents and family member through telephone and postcards .Sometimes parents come and meet their child on working hours . There are no separate recreation room , dormitory , dinning hall , sick room , living room in the home . Due to lack of proper infrastructure all these facility are not available .The home is part of the circle jail at Rourkela , there are no separate year marked building for observation and special home . They are not able to meet to the prescribed diet scale as prescribed by JJ Act . Due to in adequacy of funds.
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There are no separate recreation room , dormitory , dinning hall , sick room , living room in the home . Due to lack of proper infrastructure all these facility are not available .The home is part of the circle jail at behrampur , there are no separate year marked building for observation and special home . Juveniles at Rourkela Observation Home We had conducted a survey of the living conditions of the juveniles in the Observation/Special Home at nd Rourkela on 2 June, 2011. As on the mentioned date there were 53 juveniles in that home. We had interviewed 8 of them and have come out with some findings. Some of them have adhered to the State Specific Rule and JJ Act whereas most of them that have straight away violated the Rules. This is primarily due to insufficient funding for various aspects in these homes. Most of the juveniles from these homes are from lower economic sections. They complain that the food being served to them is not of good standard. Often they have been provided with rotten vegetables and bad quality rice. But they are being provided with sufficient food 4 times a day. Though they are provided with a teacher, they are not taught regularly. Voluntary organizations like the Satya Sai group, Art of Living have been imparting those children in conflict with law Yoga lessons every morning. Due to the absence of adequate number of sweepers in the home, the children have to clean the toilets and the homes. They have been subjugated to ill treatment in the police station and have been detained there for more than 24 hrs. They have been provided with dresses, towels and soaps as per their requirements. Television has also been provided in their rooms wherein they watch movies, news, and serials. In their leisure, they play indoor games like ludo, carom and outdoor games like cricket, football and volleyball. Some of them have been produced before the JJ Boards whereas some of them are unfortunate enough to have been called up by their respective JJ Boards so far. These children have high dreams and aspirations in their eyes. Rule 11(3) says that a juvenile should be kept separately in the police station away from the adult prisoners and shouldnt be abused in any manner according to Rule 75 and 76 of the JJ Act. They should also be produced before the Magistrate/ JJ Board within 24 hours of the arrest. But there has been strict violation of these rules. Most of the children in conflict with law here have been badly beaten up in the police station, detained up more than 24 hours and have been kept with the police station with adult prisoners. Though the observation home has got a living room in it, the juvenile have not been able to benefit from it because of its poor and shabby condition. This violates Rule 40 of the JJ Act. The kitchen is hygienic adhering to Rule 2(n) i of State Specific Rule and Rule 42 of the JJ Act. But it is small in comparison to the number of Juveniles. Rule 2(n) (iii) of the State Specific Rule and Rule 47 of the JJ Act states that the juveniles should be provided with educational facilities inside the homes. Therefore a teacher has been appointed to teach in the Juvenile home. Rule 40 of the JJ Act says that Juveniles should be provided with library in the homes and complying with this, they have been provided with a library in the home. The library contains biographies of saints, Jataka and Panchatantra Tales, Spiritual and devotional books. No Sick Room is present in the home that clearly violates Rule 40 of the JJ Act. The children have been provided with dormitory adhering to Rule 43(viii) of the JJ Act. However, this is abysmally small to accommodate 53 Juveniles in it. This home has no such Dining hall as per Rule 40(1, 5) of the JJ Act. As a result the Children here are compelled to take the food in the dormitories. The Children here are provided with clean and proper bedding complying with Rule 41 of the JJ Act. Due to the absence of the cleaners in this home, the Juveniles have to clean their toilets themselves and therefore they have clean toilets according to Rule 42g of the JJ Act. Rule 44 says that the juveniles should be provided with regular and good quality food. Though the juveniles are provided with regular food, they are not healthy (as told by many of them). The juveniles are provided with adequate medical care adhering to Rule 45. In compliance with Rule 49, Children here are provided with adequate recreational facilities. They have been given access to both Indoor as well as outdoor games, television, music. This adheres to Rule 2 (n) (iv) of State Specific Rule and Rule 49(2) of the JJ Act. Unfortunately no form of vocational training is being provided to the juveniles here. Motor Cycle repairing which was being provided to the juveniles earlier was discontinued for some reasons. This clearly violates Rule 48 of the JJ Act. The children are not made to work personally for any staff member in compliance with Rule 63(1) of the JJ Act. Children here are not provided with counselors to cater their emotional and psychological needs. This is in violation with Rule 2(n)(ii) of State Specific Rule and Rule 46(6) of the JJ Act.

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The children have been provided with a children suggestion box and the problem is addressed within reasonable time frame. This is in compliance with Rule 22-7,8,9 of the State Specific Rule. The children here are provided with sufficient clean drinking water, mosquito nets, towel, bed sheets, mattresses adhering to Rule 42a, 42b, 42e and Rule 41 of the JJ Act. The Caretaker escorts them each time they go out of the home in compliance with Rule 88g of the JJ Act.

Care takers at observation home for Boys Behrampur There are a total number of 58 juveniles 53 from observation home and 5 from special home. Care takers and probation officer , vocational trainer , counsellor , house father post at the observation home are vacant. As per JJ Act rule 68 , which specify the required number staff of juvenile homes .This is clear violation of JJ Act . Counselling facility is provided by Satyasai seva santha, Prajapati brahmakumari group on weekly basis . There regular classes conducted for the juvenile in separate class room in the home . Their progress is monitored by the superintend on regular basis .The home also has a library where children can take books and read .This is as per rule 55 & 40 of JJ Act. The juvenile does not have a medical centre. The Circle jail Medical officer visits twice in week attends the juvenile . But as per act rule 42 (1) of JJ act there should be doctor exclusively for the Juvenile home .But after repeated request by superintend a pharmacist has been posted under deputation from MKCG hospital . Juvenile are provided clean drinking waters . Juvenile are provided with carom , ludo , chess board , and volley ball for their recreation .Home has two Television with cable connection for recreation of juveniles .They are provided with diet as per diet scale prescribed in the Act. They provide chicken on last Sunday of month and egg on rest of the Sundays . They are provided with a soap on monthly basis and detergent is provided to them for cleaning their clothes . The observation home has three separate dormitory for separate age group children . This is as per rule 40(2)(a)(ii) and 40(2)(b) Collector and sub collector Ganjam come to home on surprise visits to look into proper functioning of observation home .This is as per rule 58(1). The premises is cleaned daily and the garbage is burnt . Juveniles are provided with mosquito nets . Annual pest control is carried out by municipality on call . juveniles are provided with bed sheets and mattress .They are provided with one pair shorts and shirt .There are security guards 24X7 round the clock in the juvenile home . Fire equipments and other safety majors are taken to avoid any type of unnatural accident in the home . They are not able to meet to the prescribed diet scale as prescribed by JJ Act . Due to in adequacy of funds. NGO organise different competition for juvenile in the observation home like painting , essay etc . This is a part of community participation . There are no separate recreation room , dormitory , dinning hall , sick room , living room in the home . Due to lack of proper infrastructure all these facility are not available .The home is part of the circle jail at behrampur , there are no separate year marked building for observation and special home . There is no provision for vocational training . There are 6 toilets for all the juveniles in the home.Toilets are cleaned by sweepers on daily basis sometimes children also clean there toilets . This is as per rule 40 of JJ Act . Juveniles at observation home for Boys Behrampur Majority of the juveniles come from a poor and uneducated background . Most of the cases the juveniles are detained for more than 24 hrs in police station . they are also ill treated and kept with others in police lock up .In most cases the police was in its uniform while arresting the juvenile.Some of them are also handcuffed . It is clear violation of rule 75&76 of JJ Act . Juvenile complain of the quality of food like stones found in rice and rotten vegetables being provided to them for their meal. There are sometime conflict between the elder and younger juvenile Some of them attend regular classes that is held inside the home and there is provision for vocational training Everybody participates in Yoga and counselling classes that is organised by Satya sai and Brahmakumari group . They play volleyball , carom . Ludo , chess , gilli danda, watch television for their recreation . They have been provided with two pairs with dresses and towel every year .They are provided with soap and detergent for washing cloths . Clean drinking water is provided to them as per act .

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Care takers at observation home for Girls Behrampur There are total number of 5 juveniles ( 4 are from observation home & 1 from special home ) Juvenile home is combined with Central home for destitute women . Caretaker, head clerk , storekeeper post are vacant . As per JJ Act rule 68 , which specify the required number staff of juvenile homes .This is clear violation of JJ Act . Superintend and other staff stay in the premises of the home . Yoga and counselling is provided by satya sai seva sanasthan and Prajapati Brahmakumari . There are 6 toilets for all the juveniles and central home inmates in the home. Toilets are cleaned by sweepers on daily basis sometimes children also clean there toilets . This is as per rule 40 of JJ Act . Children are taught stitching and gardening as part of vocational training . The premises is cleaned daily and the garbage is burnt . Juveniles are provided with mosquito nets . Annual pest control is carried out by municipality on call . juveniles are provided with bed sheets and mattress .There are security guards 24X7 round the clock in the juvenile home . Juvenile are provided with 3 pair of dresses in a year .They are provided with soap and oil on monthly basis .Juveniles are provided with tooth brush and paste . Juvenile are provided clean drinking waters . Juvenile are provided with carom , ludo , chess board , and volley ball for their recreation .Home has two Television with cable connection for recreation of juveniles .They are provided with diet as per diet scale prescribed in the Act.They are provided with fish on every Sunday . NGO like happy club and Art of Living organise different competition for juvenile in the observation home like painting , song , pot painting , rangoli , jhoti ,poochi, etc . An intiative by vedant school of learning they have been provided with computer for DTP training . Open schooling will be contributing for the funding of the juveniles residing here moreover 2 students have been enrolled in +2 and 6 students have been enrolled in 10.free education will be provided. A request letter has been sent to W& CD dept for recruitment of new teachers for providing vocational training . As the girls home is a part of the Central Home for Women so they do not have any constraint in providing diet as per scale .As the sanctioned money for Central home is per diet scale get regularly upgraded . Juveniles at observation home for Girls Behrampur Most of the juveniles come from a poor and uneducated background.Some of them have gone through a bad phase in their child hood . They have been provided with tooth brush ,paste, oil, soap, mattress ,bed sheet. Yoga and psychological counselling is done by satya sai sevasansthan and Art of living . They take water rice in breakfast ,flattened rice ,then take rice before sleeping ,Take fish every Sunday.On festival some special items are served. They are provided clean drinking waters . Juvenile are provided with carom , ludo , chess board , skipping and badminton for their recreation .Home has two Television with cable connection for recreation of juveniles . Most of the cases the juveniles are detained for more than 24 hrs in police station . they are also ill treated and kept with others in police lock up .In most cases the police was in its uniform while arresting the juvenile.Some of them are also handcuffed . It is clear violation of rule 75&76 of JJ Act . They are provided with three pairs of salwaar kameez and towels in year .. provided with salwar kameez, There is a 24 hrs security provided by women Home guards .

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