Legal Assistance Forum - VISIT TO JUVENILE OBSERVATION HOME, JORHAT (ASSAM)

VISIT TO JUVENILE OBSERVATION HOME, JORHAT (ASSAM)
Date : 21-06-2006

The members of the Legal Assistance Forum visited Juvenile Observation Home, Jorhat on the 21st June, 2006 and had an intimate inter-action with the juveniles and distributed moral books and stationery and then had meal with them. The Forum organized a painting competition among the juveniles and five children were awarded prizes.

The Forum's team comprised of Shri Vijay Hansaria, President, Prof. (Dr.)Usha Tandon, Vice President, Mr. P.I.Jose, Secratary, Mr. K.S.Bhati, Treasurer, Ms Minakshi Sarma, Jt.Secretary, Mr. Anupam Mishra ,Ms.Sneha Kalita, members executive committee,all Advocates practicing at Supreme Court Of India, Delhi .

The problems faced by the inmates in Juvenile home were discussed at length. The members of the Forum in their meeting with the Presiding officer of the Juvenile Justice Board and the Principal of the Juvenile Observation Home noted that the State of Assam is having 3 Juvenile Justice Boards, each having jurisdiction over the designated districts. The Jorhat Juvenile Justice Boards is having jurisdiction over 10 districts, some of which are situated at a distance of about 400-500 kms. It causes much difficulty to all concerned in commutation. Juveniles belonging to other districts are deprived of legal assistance mainly because they are not able to engage lawyers at Jorhat.

It has also been noticed that the State of Assam has not yet framed Rules u/s 68 of the Juvenile Justice (Care and Protection of Children )Act, 2002 though 4 years passed since the enactment of the Legislation by the Parliament which is a socially beneficial legislation in tune of the commitment of the our country to uphold and safeguard basic human rights. As a result of non framing of Rules various provisions of the Act are yet to be implemented.

The members of the Forum were also informed that Presiding Officer of the Juvenile Justice Board can appoint Amicus Curie and provide services of the lawyer for free of charge only in respect of those juvenile who are lodged in the Juvenile Observation Home and not those who are produced by the police or appear before the Board from other districts. Such Juvenile who are not able to afford a services of the lawyer are deprived of their Constitutional and legal right to get free legal aid.

It was also noticed that the Jorhat Juvenile Justice Board has one post vacant for the last one year, which needs to be filled up.

The members of the Forum had lunch with all the juveniles, which was organised by the Rotary Club, Jorhat.

In view of the aforesaid the Forum has made representation to the Chief Justice Gauhati High Court, Chief Secretary, Assam and Assam Human Rights Commission to take remedial action to the following effect:

Juvenile Justice Boards may be directed to hold the Board proceedings at the head-quarter of the concerned district. .

The Hon’ble High Court may issue appropriate direction to all the Juvenile Justice Boards to appoint Amicus Curie and provide services of the lawyer free of charge to all those juvenile who are not able to engage a lawyer of their own irrespective of the fact that they are produced by the police or appear before the Board from other districts.
The State of Assam must frame Rules u/s 68 of the Juvenile Justice(Care and Protection of Children )Act, 2002 as expeditiously as possible.
The State Government may issue instructions to the Investigating Officers to submit their report either in the form of charge-sheet or final report within a period of two weeks of the arrest of a juvenile failing which Investigating Officer must send a report to the concerned Superintendent of Police (SP) and Director General of Police (DGP) explaining the reason for delay in finalizing the report with a copy to the concerned Juvenile Justice Board.
The vacant post of Jorhat Juvenile Justice Board may be filled up expeditiously.

Gauhati High Court has treated the complaint made by the Forum as a Public Interest Litigation (W.P.(C) NO. 4182/06) and the High Court has passed various orders directing the State Government to frame Rules immediately.

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