On 22nd February 2011, the State Government of Manipur in its presentation to the Project Approval Board of the Integrated Child Protection Scheme of the Ministry of Women and Child Development stated that “there are more than 3000 children in difficult circumstances in Manipur which includes children affected by armed conflict, ethnic clashes, orphan children and children living with HIV/AIDS. There is an alarming number of children engaged in substance abuse in the age group of 11 – 18 years who are vulnerable to adult drug peddlers. Children are also engaged as domestic help and in shops. The State is a major source of child trafficking to the States of Goa, Tamil Nadu, Delhi and Maharashtra which happens mainly on pretext of providing education and other facilities.”
Manipur is one of the first States to have framed and notified the Juvenile Justice (Care and Protection of Children) Manipur Rules on 11 October 2002. However, one decade later, the implementation of the Juvenile Justice (Care & Protection of Children) Act, 2000 [hereinafter referred to as JJ(C&PC) Act] is in tatters.
This was evident during the joint field visit of the National Commission for Protection of Child Rights and the Asian Centre for Human Rights to Manipur from 18 to 20 May 2012.
Since 1980, entire state of Manipur has been declared as “disturbed area” under the Armed Forces Special Powers Act (AFSPA), 1958 and the withdrawal of “disturbed area” status from Imphal Municipality areas in November 2004 made little difference. Under the AFSPA, the Army and Para-military forces have been deployed across the State with the power to arrest, search and seize and fire upon or otherwise use force, even to the causing of death. However, these law enforcement personnel do not have any knowledge about the JJ(C&PC) Act. Consequently, children have been regularly apprehended, detained and subjected to torture while many were killed in fake encounters in clear violations of the JJ(C&PC) Act.
Juvenile justice remains suspended in Manipur. Given the claim of the State Government of Manipur that the Juvenile Justice Boards (JJBs) have been set up in all nine Districts, the Project Approval Board (PAB) for ICPS of the Ministry of Women and Child Development in its 14th meeting on 22nd February 2011 approved grants for nine JJBs. However, as the State government failed to establish the JJBs, the PAB in its 35th Meeting held on 17 January 2012 had no other option but decided not to grant further funds for the nine JJBs for the current Financial Year 2012-2013 until a report on the functioning of JJBs with complete details of Members, pendency, etc are submitted by the State Government. Further, the only JJBs functioning were sitting in or near Imphal. The Hill Districts are even denied access to juvenile justice.
In the entire State of Manipur, there is only one Government run Special Home at Takyelpat in capital Imphal whereas the Army and paramilitary forces are deployed all over the State. This indicates that children who are apprehended by the Army and para-military forces are not produced before the Juvenile Justice Boards and Observation Homes but detained in their camps and in the best circumstances sent to the police lock up or prisons.
Only on paper, the state government of Manipur constituted Special Juvenile Police Units as their functioning remained confined to mere notification.
The service delivery for institutional care is an astounding case of total mis-use of resources. For the first year grant under the IPCS i.e. for 2009-2010, the complete grant was shown to have been utilized by the State Government even though no staff has been appointed to State Project Support Unit, State Child Protection Society (SCPS) etc. The officials of the State Government of Manipur informed that “equipment has been purchased in advance”. It is clear that the funds provided for providing services to children have been utilized for equipments! If that was not enough, the entire grant received under ICPS for 2010-11 too has been utilized, even though no staff has been appointed to SCPS, District Child Protection Units (DCPU) and State Adoption Resource Agency (SARA).
Considering that more than 3000 children were affected by armed conflict, ethnic clashes, orphan children and children living with HIV/AIDS, absolute and total mis-use of the financial resources under the IPCS is a case of criminal negligence. The situations of the Children Homes are far from being satisfactory. Given that no Inspection Committee has been set up as required under the JJ(C&PC) Act, the situations in the Homes established under the Act remain deplorable.
There are reports of ill-treatment of children in the Children Homes. On 15 September 2011, eight inmates of Destitute Children Home run by Leprosy Patients’ Welfare Society (LEWS) at Chingmeirong Lei-Inkhol in Imphal East district fled after allegedly being subjected to ill-treatment by owner of the Home identified as Ahanthem Tolen. The inmates, all under 12 years, fled in the wee hours as they could not bear the ill-treatment. G. Satyabati Devi, Director of Department of Social Welfare, Government of Manipur confirmed to the Asian Centre for Human Rights that the inmates of this Home were transferred to a government institution due to a complaint lodged against the Home. But no action under the JJ(C&PC) Act was taken against the accused.
Further, in the absence of adequate Homes, children in need of care and protection have to be kept in a building attached to the Observation cum Special Home at Takyelpat in Imphal.
Presently, at least 21 children in need of care and protection have been kept in a separate building in the Government Observation cum Special Home at Takyelpat in Imphal until further arrangement is found for them. These children in need of care and protection were shifted from the Children Home in Imphal East district.
Recommendations:
Asian Centre for Human Rights recommends the followings:
I. Recommendations to the State Government of Manipur:
- Issue a direction to the Army and para-military forces who are legally bound to operate in aid of and under the civil administration to ensure full respect and compliance with the Juvenile Justice (Care & Protection of Children) Act, 2000 while dealing with children;
- Issue a direction to the Manipur Police Commandos to ensure full respect and compliance with Juvenile Justice (Care & Protection of Children) Act, 2000 while dealing with children;
- Operationalise the existing Special Juvenile Police Units, Juvenile Justice Boards and the Inspection Committees in letter and spirit and provide updated information on the website of the Social Welfare Department to ensure transparency, accountability and accessibility;
- Provide adequate human and financial resources to the JJBs and Inspection Committees and the Child Welfare Committees;
- Register a case under the Juvenile Justice (Care & Protection of Children) Act, 2000 with respect to ill-treatment of children at Children Homes’ including in the Destitute Children Homes run by the Leprosy Patients’ Welfare Society (LEWS);
- -Establish at least one Juvenile Observation Home and one Special Home in each district of Manipur; and
- Conduct training programme for the judges appointed under the State Judicial Services on the Juvenile Justice (Care & Protection of Children) Act, 2000.
II. Recommendations to the National
Commission for Protection of Child Rights
- Adopt “Standard Operating Procedure (SOP) for dealing with apprehension, detention & death in custody and in encounter of children in Internal Security Situations” for compliance with the Juvenile Justice (Care & Protection of Children) Act, 2000 by the Army and the paramilitary forces;
- Direct the State Government of Manipur to Operationalise the existing Special Juvenile Police Units, Juvenile Justice Boards and the Inspection Committees in letter and spirit and provide updated information on the website of the Department of Social Welfare to ensure transparency and accountability and accessibility;
- Direct the State Government of Manipur to provide adequate human and financial resources to the JJBs and Inspection Committees and the Child Welfare Committees;
- Direct the State Government of Manipur to register cases under the Juvenile Justice (Care & Protection of Children) Act, 2000 with respect to ill-treatment of children at the Children’s Homes including in the Destitute Children Home run by the Leprosy Patients’ Welfare Society;
- Direct the State Government of Manipur to establish at least one Juvenile Observation Home and one Special Home in each district of Manipur; and
- Direct the State Government of Manipur to conduct training programme for all the judges appointed under the State Judicial Services on the Juvenile Justice (Care & Protection of Children) Act, 2000.
III. Recommendations to the Ministry of Women and Child Development
- Conduct an inquiry into the mis-use of resources for purposes other than stipulated including non-appointment of the staffs under the IPCS;
- Develop Guidelines to provide that the IPCS funds are “non-divertible and non-lapsable”;
- Conduct a field investigation following submission of reports by the State Government about the constitution of the Juvenile Justice Boards before approval of further grants;
- Direct the State Government of Manipur to establish at least one Juvenile Observation Home and one Special Home in each district of Manipur; and
- Direct the State Government of Manipur to conduct training programme for the judges appointed under the State Judicial Services on the Juvenile Justice (Care & Protection of Children) Act, 2000.
