The State of Assam has been consistently ranking top in juvenile delinquency among the eight north eastern states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim. In 2011, Assam topped the list with 405 cases (402 of IPC crimes and 3 SLL crimes), followed by Meghalaya with 98 IPC crimes, Arunachal Pradesh with 78 IPC crimes, Tripura with 73 IPC crimes, Sikkim with 63 IPC crimes, and Mizoram with 58 IPC crimes. Figures of Manipur were not available in the 2011 NCRB report.
At the same time, Assam also topped the list of States in India as per the ‘Study on Child Abuse India 2007’ carried out in 13 states by the Ministry of Women and Child Development of the Government of India. Assam with 84.65% had the highest prevalence of physical abuse of children who faced one or more forms of physical abuse. While 56.37% children in institutions across the country were subjected to physical abuse by staff members of the institutions, in Assam the study reported 90.20% of physical abuse of children in institutional care homes i.e. juvenile homes. Assam with 57.27% had the highest percentage of sexual abuse of those children who faced one or more forms of sexual abuse.
The administration of juvenile justice remains equally deplorable.
There is acute shortage of homes for juveniles in conflict with the law as well as children in need of care and protection. Assam with 27 districts is the second largest but the most populated state in the north east India but there are only 4 Observation Homes and 3 Children Homes run by the state. These homes are confined to Kamrup, Nagaon and Jorhat district while the shelter homes run by NGOs are located in Guwahati. While the Jorhat Observation Home set up in 1987 caters to over 11 districts — Jorhat, Golaghat, Karbi Anglong, Dibrugarh, Tinsukia, Sivasagar, Lakhimpur, Darrang, Udalguri and Sonitpur. Trafficking prone districts like Dhubri, Kokrajhar, Baksa, Chirang, Bongaigaon etc do not have any home.
Assam’s negligence of juvenile justice is astounding. It failed to set up 7 new Open Shelters during 2011 despite availability of funds under the ICPS! Because of this failure the PAB declined to accept the request for grants for 3 existing Open Shelters at the 45th PAB meeting on 11th July 2012 under the ICPS. Instead, the PAB advised Assam to submit separate proposal for additional Open Shelters based on the findings/recommendations of the survey on street children that it had carried across Assam through Jayaprakash Institute of Social Change, a Kolkata based technical resource agency.
The Child Welfare Committees (CWCs) constituted in all 27 districts of the state6 remain highly non-functional. Out of the 596 cases registered in 18 districts of Assam during 1st January 2011-31st December 2011, 347 cases were pending. The State Child Protection Society (SCPS), Assam failed to specifically provide the total number of reviews done by the State Government on the pendency of cases before each of the CWCs since their constitution. The SCPS only stated that State level review is being done from time to time.
Assam has constituted Juvenile Justice Boards (JJBs) in all 27 districts of Assam but their functioning remains seriously problematic. At the latest i.e. the 45th Project Approval Board (PAB) Meeting under Integrated Child Protection Scheme (ICPS) held on 11th July 2012, the PAB expressed concern about the high pendency (1,635) at the JJB and suggested to increasing the sittings of the JJBs. Information received under the RTI revealed that percentage of pendency of cases before the JJBs range from minimum 33.3% in Udalguri district to maximum of 100% in Dhemaji and Morigaon district followed by 90.2% in Goalpara district and 79.3% in Darrang district and requires serious consideration.
The problem is compounded by the lack of review of the pendency of cases of the JJBs by the Chief Judicial Magistrate or CMM as required under section 14(2) of the JJ (Care and Protection of Children) Amendment Act, 2006. Replies received from JJBs under the RTI stated that not a single review of the pendency of cases before the JJBs has been conducted by the CMM or CJM in Kokrajhar district;
Dibrugarh district; Darrang district; Lakhimpur district; Udalguri district; Dhubri district; Goalpara district; Barpeta district; Golaghat district; Morigaon district; Chirang district; Dhemaji district and Nagaon district from date of their constitution till 30th March 2012.
It has been observed that there is complete lack of enforcement of penal provisions in the JJ(C&P) Act, 2000 (as amended in 2006) in Assam. Sections 23-27 of the JJ(C&P) Act, 2000 provides for protections to Juvenile in the form of penalties and punishments to perpetrators accused of cruelty and exploitation against the juvenile or child. Information obtained by ACHR under the RTI Act, 2005 revealed that none of these protective provisions of the Juvenile Justice Act has been enforced in most districts of Assam. Not a single case under any of the above provisions of the JJ (C&P) Act, 2000 (as amended in 200) has been registered in these districts.
Asian Centre for Human Rights recommends the following to the State Government of Assam and the Ministry of Women and Child Development, Government of India:
- Establish adequate Observation Homes, Special Homes and Children Homes to cover and reach out to each of the 27 districts of Assam;
- Strengthening the infrastructure needs such as buildings, bathrooms/toilets, sick room, study centers, playground as well as adequate staff like educators, vocational trainers and other staff to the existing juveniles homes;
- Ensure that the sittings of the JJBs are held regularly as provided under Rule 9 (3) of the Assam Juvenile Justice (Care and Protection of Children) Rules, 2011 in order to end pendency of cases;
- Ensure regular review of the pendency of cases of the JJBs by the Chief Judicial Magistrate or CMM as required under section 14(2) of the JJ (Care and Protection of Children) Amendment Act, 2006;
- Make the CWCs functional and ensure regular review of the pendency of cases of the CWCs by the State Government to end pendency of cases;
- Appoint Inspection Committees at the District and City Level and make the State Advisory Board, Inspection Committees at the District and City Level functional to ensure regular inspection of juvenile homes in Assam;
- Ensure full enforcement of penal provisions viz. Sections 23-27 of the JJ (C&P) Act, 2000 (as amended in 2006) to prevent violations of the rights of the juveniles in conflict with law as well as children in need of care and protection;
- Conduct capacity building and training for all members of JJBs, CWCs, Inspection Committees at the State, District and City level, the Probation Officers and the law enforcement officials in the state.
