To

1. Hon’ble The Chief Justice
Gauhati High Court
M.G.Road,
GUWAHATI-781001

2. Chief Secretary
Government of Assam
Assam Sachivalaya
GUWAHATI-781006

3. The Secretary,
Government of Assam
Social Welfare and Jails
Assam Sachivalaya
GUWAHATI-781006

Subject :       Implementation of provisions of Juvenile Justice (Care and Protection of                         Children)Act, 2000

Sir/Madam,

Legal Assistance Forum, Delhi, an NGO working in the field of legal assistance to the underprivileged sections of the society, has made a week long programme in the State of Assam from 19th to 24th June 2006. During the programme, the Forum in association with the Assam Legal Services Authority organized three Lok Adalats in the Central Jails of Jorhat, Tezpur and Naogaon on 20th , 22nd and 23rd June 2006 respectively. The Lok Adalats were conducted in the presence of Hon’ble Justice P.G.Agarwal, and Hon’ble Justice A.H.Saikia, sitting Judges of the Hon’ble Gauhati High Court. 49 cases were settled in these Lok Adalatas. Apart from the Lok Adalats the Forum Members also visited the LGBR Institute of Mental Health, Tezpur and Juvenile Observation Home, Jorhat.

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 was also found from the records that charge-sheet in number of cases has not been filed preventing initiation of inquiry by the Board in the concerned matters. Many juveniles were kept in the Jorhat Observation Home for long period merely because the police has not filed the charge-sheet or the final report.

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.

In view of the aforesaid observations made by the Forum, it is requested that appropriate action may be taken to the following effect:

a) Juvenile Justice Boards may be directed to hold the Board proceedings at the head-quarter of the concerned district. b) 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 for free of charge to all those juvenile who are not able to afford engaging a lawyer of their own irrespective of the fact that they are produced by the police or appear before the Board from other districts. c) 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.d) 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. e) The vacant post of Jorhat Juvenile Justice Board may be filled up expeditiously.

Our Forum would be willing to render any assistance required in this regard. We hope that you will surely take the necessary remedial action at the earliest.

Thanking You

Yours faithfully
For Legal Assistance Forum
[VIJAY HANSARIA]
President

Copy to:
Hon’ble The Chairman
Assam Human Rights Commission
Bhangaghar
GUWAHATI-781005