The situation of juveniles in conflict with law and children in need of care and protection across India is precarious. Nothing underlines this more than the situation in Karnataka. While the State Human Rights Commission and State Commission for Protection of Child Rights in Karnataka have been more vigilant than their counterparts in other States, the State government of Karnataka has failed to comply with national and international standards.
Though the Juvenile Justice (Care & Protection of Children) Act was enacted more than a decade ago in 2000, children in Karnataka are still detained in police stations and prisons. They are subject to high risk of abuse from other inmates and further subjected to torture and other human rights violations by representatives of the State. As recently as 20 December 2011, the Karnataka State Commission for Protection of Child Rights (KSCPCR) rescued a 16-year-old boy who was illegally detained, at the Sampigehalli police station in Bangalore following his arrest on 17 December 2011. The minor alleged that he was beaten by policemen at the station, handcuffed and chained and inadequately fed during his detention. No complaint was lodged against the minor nor did the police made any diary entry.
Though Karnataka has established 28 Juvenile Justice Boards (JJB) out of 30 districts, the cases pending before the JJBs are not regularly heard in clear violation of Section 14(2) of the JJ Act (amended in 2006). As of 10 February 2012, there were about 2,500 cases pending under the Juvenile Justice (Care and Protection of Children) Act in Karnataka. Pending cases not only result in denial of justice but places juveniles at risk when incarcerated in the congested and appalling living conditions of Observation Homes.
The Homes (Observation Homes, Special Homes and Children’s Homes) established under the Juvenile Justice (Care and Protection of Children) Act have become centres of abuse across the country. Karnataka currently has 81 registered Child Care Institutions. In November 2011, a 14-year-old rescued child labourer was allegedly tortured by the warden of state-run Children’s Home for Boys at Bangalore. The assault by the warden of the Children’s Home resulted in temporary damage in the victim’s his right hand. The minor was denied appropriate medical care.
Such deplorable conditions have led to children taking the extreme step of committing suicide. On 31 January 2012, three undertrial juveniles lodged in the Government Remand Home for Boys and Girls at Madivala attempted suicide inside the Home by consuming pesticide. They were subsequently hospitalised.
Instead of increasing supervision of the homes, the State government of Karnataka while appointing the CWC members in October 2010 put the conditions that “members cannot visit child care institutions, when they are not holding a sitting, without prior permission of the heads of these institutions”. Shockingly, even members of CWCs have been found to abuse children. On 8 September 2010, the State Government issued an order restraining Balakrishna Masali, a member of the Child Welfare Committee-II of the Bangalore Urban district, from attending sittings of the Child Welfare Committee, after he was reportedly found guilty by the KSCPCR of molesting girls who were brought before him for enquiry.
The conditions of the homes established under the Act are deplorable as per government’s admission under the Right to Information Act as given below:
No educational and vocational training facilities
- No teacher or vocational trainer has been appointed in 19 government run homes: (1) Gov e rnment Observation Home, Chitradurga, (2) Observation Home, Belgaum, (3) Observation Home in Bellary, (4) Observation Home, Dharwad, (5) Observation Home, Takke Bijapur, (6) Observation Home, Belgaum, (7) Observation Home, Udupi, (8) Govt – Observation Home, Davangere, (9) Children’s Home for Boys, Mangalore, (11) Govt Children Home for Boys, Chitradurga, (12) Balamandir for Boys, Belgaum, (13) Govt Balamandir for Boys, Hubli, (14) Children’s Home for Boys, Koppal, (15) Children Home for Boys, Ranebennur, (16) Balakara Balamandira, Mandya, (17) Balakiyara Balamandira, Mandya, and (18) Children Home for Boys, Chikmagalur, and (19) Shishu Mandira, Bangalore. At Children Home for Boys, Takke Bijapur, which housed 94 children as in September 2011 only two out of 10 sanctioned teachers had been appointed.
It is clear that the State Government of Karnataka has failed to ensure the right to education in the homes established under the Juvenile Justice (Care and Protection of Children) Act.
No cook for the children
The physical well-being of the juveniles depends on the access to food including nutritious food. However, in a large number of homes in Karnataka, no cook has been appointed:
- At the Juvenile Home for Boys, Mysore two cooks have been sanctioned but both posts 30 were vacant as on 7 October 2011.
- At Balakara Balamandira, Mandya, the post of chief cook has been vacant since 1 September 1998 and that of assistant cook since 10 February 2011.
- At Balakiyara Balamandira, Mandya, no cook has been appointed since 12 December 1996.
- At the Observation Home, Bellary no cook has been appointed as on 13 October 2011.
- At the Observation Home, Udupi, no cook has been appointed as on 29 October 2011.
Shortage of staff
Juvenile Homes were found to be under-staffed which impacts care and protection of the inmates.
- At the Children’s Home for Boys, Koppal, out of eight sanctioned staff only two have been appointed.
- At Balakara Balamandira, Mandya all the top posts namely Probation Officer Grade 1, Superintendent and Deputy Superintendent have not been filled. The post of Probation Officer Grade 1 has been vacant since 10 February 2011, the post of Probation Officer Grade 2/Office Superintendent has been vacant since 3 February 2011 and that of Deputy Superintendent since 3 February 2011. Interestingly, the post of Guard has been also vacant since 25 June 2010, that of the Cook since 1 September 1998, the Assistant Cook since 10 February 2011, and Physiotherapist since 25 May 1984. There is no teacher posted at the Home.
- At Govt Observation Home, Chitradurga, only two staff out of 11 sanctioned posts were filled as of 23 September 2011.
- At Juvenile Home for Boys, Mysore, out of 22 sanctioned staff, only 14 staff have been appointed as on 7 October 2011.
- At Govt Children Home for Girls, Bangalore, only 19 staff have been appointed against 29 sanctioned staff as on 28 September 2011.
- At Govt Children Home for Boys, Chitradurga only 5 staff out of seven sanctioned staff have been appointed as on 23 September 2011.
- At Govt Children’s Home for Boys, Bangalore which had 119 children as in September 2011 only 49 staff out of 69 sanctioned staff have been appointed as of 18 October 2011. No Inspection In a number of juvenile justice homes, no inspection has taken place during 2009-2011 according to information obtained under the Right to Information Act. No inspection took place during 2009 to 2011 in the Balakara Bal Mandir, Gulbarga, Children Home for Boys, Chikmagalur, Government Observation Home (Boys), Gulbarga, Government Observation Home, Dharward, Government Juvenile Home for Boys at Bagalkot and Government Juvenile Home for Girls at Bagalkot and Balamandir for Boys, Belgaum.
No segregation of children
In clear violations of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”) and the Juvenile Justice (Care and Protection of Children) Karnataka Rules, 2010 which provides for segregation of the inmates on the basis of their gender, degree of offence and age (preferably up to 12 years, 12-16 years and 16 years and above) have not been completed. The lack of separation of the inmates on the basis of their age undermines the danger to juveniles of “criminal contamination”.
No accountability
The administration of juvenile justice has been reduced to trying the juveniles in conflict with law or ensuring well-being of the children in need of care and protection. The approach remains “welfare”. Section 23 of the Juvenile Justice (Care and Protection of Children) Act is clear. It states that “Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both”.
Those who illegally detain, handcuff, and chain children or those who abandon, expose or neglect in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering can be tried for violating the Act.
The fact that administration of juvenile justice also is about trying those violating the rights of the juveniles as provided under Sections 23, 24, 25 and 26 of the Juvenile Justice (Care and Protection of Children) Act has been completely ignored.
The role of the State Commission for Protection of Child Rights, Karnataka State Human Rights Commission and the National Commission for Protection of Child Rights has been limited to ordering the release of those illegally detained or recommending departmental action against the guilty.
Not surprisingly, the abuses continue unabated.
