REPRESENTAION TO NHRC FOR RELEASE OF JUVENILE LODGED IN JAILS AND PAYMENT OF COMPENSATION TO THEM
Date : 02-12-2009
December 2, 2009
To
The Registrar,
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi
Sub:- Complaint of Legal Assistance Forum dated 07/08/2006.
Ref:- Case No. 62/3/2006-2007/FC, letter dated 15/10/2009.
Sir,
The reports enclosed with your aforesaid letter shows that the States of Uttar Pradesh (237), Jammu & Kashmir (1), Tripura (11), Nagaland (8) has Juveniles detained in various jails. In Assam, there were 93 Juvenile in Jails of whom 77 have been sent to Observation Homes and 18 released on bail. (This was pursuant to a judicial order passed by Gauhati High Court on a representation made by Legal Assistance Forum which was treated as PIL). Lodging of Juvenile in jails is a direct violation of proviso to section 10 of Juvenile Justice Act (Care and Protection of Children) Act, 2000.
That lodging of Juvenile in Jail is a violation of their rights, both statutory and constitutional, and as such they are entitled to be compensated with monetary compensation. In similar circumstances, Bombay High Court has awarded compensation in the cases of Master Salim Ikramuddin Ansari Vs. Officer-in-charge 2005 CriLJ 799, 2004 (4) MhLJ 725 MANU/MH/0517/2004 (Bombay) and Master Rajeev Shankarlal Vs. Officer-in-charge 2003 CriLJ 4522 MANU/MH/0471/2003 (Bombay)
The Hon’ble commission have issued a letter dated 03.11.2008 to concerned officials of various state governments directing them to bring to the notice of the concerned courts about Juveniles detained in regular jails and obtain necessary instructions from the courts. Further directions were given to submit Action Taken Report in this regard with in six weeks. However none of these reports are available in the report received by us. It is prayed that the Hon’ble commission may direct compliance of directions in letter dated 03.11.2008.
It is submitted that the number of children admitted in Borstal Schools, which is a prison institution functioning inside the jails are not mentioned in the status report submitted by any of the state. However, the Annual Crime Report published by National Crime Records Bureau for the year 2007 shows that 737 Juveniles are kept in various Borstal schools in the country. True copy of the relevant report of the National Crime Records Bureau is enclosed. The existence of Borstal Schools inside jail premises itself is in violation to the Juvenile Justice Act (Care and Protection of Children) Act,2000. Hence it is prayed that the Hon’ble commission may direct the immediate transfer of Juveniles in the Borstal Schools to the Homes specified under the Act and closure of Borstal schools inside the jail premises situated in various states.
It is thus submitted that this Hon’ble Commission may be pleased to direct:
that all these Juveniles be immediately released from the jails and sent to Observation Homes.
direct the State Government to award suitable compensation to the Juvenile lodged in jails depending on the period spent by each one of them in jails.
the State Government to initiate enquiry so as to fix accountability as to the persons responsible for lodging of Juveniles in jails.
State Government to evolve mechanism to ensure that no Juvenile is detained in any jail in the country in future.
immediate transfer of Juveniles from Borstal Schools to the Observation Homes
direct the authorities to submit an action taken report within 4 weeks.
