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State of Chattisgarh - Section

Section 66 in Chhattisgarh Juvenile Justice (Care and Protection of Children) Rules, 2006

66. Disciplinary procedures.

(1)Disciplinary measures and procedures in all institutions under the Act shall maintain the interest of safety and in order of community life. It shall be consistent with the upholding of the inherent dignity of the child and the fundamental objective of institutional are, namely, instilling a sense of justice, self-respect and respect for the basic rights of every person.
(2)All disciplinary measures constituting cruel, inhuman or degrading treatment shall be strictly prohibited. These shall include corporal punishment such as beating the child, placement in a dark cell, closed or solitary confinement or any other punishment that may compromise the physical or mental health or access to education of the child concerned. The reduction of diet and the restriction or denial of contact with family members shall be prohibited for any purpose. Labour shall always be viewed as an educational tool and a means of promoting-the self-respect of the child in preparing him or her for return to the community and shall not be imposed as a punishment. No child shall be punished more than once for the same offence. Collective or mass punishments shall be prohibited.
(3)Recourse to instruments of restraint or force for any purpose shall be prohibited. Instruments of restraint and force can only be used in exceptional cases, where all other control methods have been exhausted and failed, and only as explicitly authorised and specified by law and regulation. They should not cause humiliation or degradation and shall be used destructively and only for the shortest possible period of time. By order of the Superintendent of the administration, such instruments might be resorted to in order to prevent the child from inflicting self-injury, injuries to others or serious destruction of property. In such instances, the Superintendent should at once consult medical and other relevant functionaries and report to the Competent Authority.
(4)The general unauthorized carrying and use of weapons or any other instruments of violence such as canes, sticks, chains, belts, ropes and whips by functionaries shall be prohibited in all institutions established under the Act.
(5)The concerned Probation Officer/Case Worker or the Superintendent shall be the only persons competent to impose punishments. All other functionaries as well as children shall not be competent to impose punishments.
(6)A report of misconduct should be presented promptly to the competent authority, which should decide on it without undue delay. The concerned Competent Authority should conduct a thorough examination of the case.
(7)No child shall be punished except in strict accordance with the terms with these Rules. No child shall be punished unless he or she has been informed of the alleged offence in a manner appropriate to the full understanding of the juvenile, and given a proper opportunity of presenting his or her defence, including the right of appeal to the concerned Competent Authority or the Inspection Committee. Complete records should be kept of all disciplinary proceedings.
(8)No children shall be responsible for disciplinary functions except in the supervision of specified social, educational or sports activities or in self Government programmes.