Kerala High Court
Gopika Govindan vs Principal Secretary on 2 February, 2021
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WP(C).No.12765 OF 2014(S)
PETITIONER:
GOPIKA GOVINDAN
D/O.GOVINDAN,
COORDINATOR OF THE CHILD RIGHTS INITIATIVE,
HUMAN RIGHTS LAW NETWORK,
AMULYA STREET, KOCHI-18.
BY ADV. SMT.SANDHYA RAJU
RESPONDENTS:
1 PRINCIPAL SECRETARY
DEPARTMENT OF SOCIAL WELFARE,
GROUND FLOOR, SECRETARIAT, STATUE,
THIRUVANANTHAPURAM. 695002
2 STATE OF KERALA
REPRESENTED BY THE DIRECTOR,
OFFICE OF THE DIRECTOR OF SOCIAL WELFARE,
VIKAS BHAVAN, VTH FLOOR,
TRIVANDRUM-33.
SRI. TEK CHAND, SR.G.P. FOR RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02-02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12765 OF 2014(S)
:: 2 ::
JUDGMENT
Dated this the 2nd day of February 2021 S.MANIKUMAR, C.J.
Petitioner/Gopika Govindan, who is stated to be the co-ordinator of a registered organization working for the protection of child rights, has filed this writ petition seeking for a direction to the respondents - Principal Secretary, Department of Social Welfare; State of Kerala and the Director of Social Welfare, Thiruvananthapuram, to take urgent steps to rectify the functioning of the homes as per the standards mandated by the Juvenile Justice Act and for a direction to the respondents to appoint District Child Protection units under Rule 81 of the Juvenile Justice Care and Protection of Children Rules, 2007 and Integrated Child Protection Scheme.
2. Smt.Sandhya Raju, learned counsel for the petitioner submitted that the petitioner has conducted a study on the juvenile justice homes in the State and found dismal state of affairs. It is submitted by learned counsel for the petitioner that functioning of the observation homes is in contravention of the Juvenile Justice Care and Protection Act, 2000 and the lacunas highlighted with respect to the functioning of observation homes, in the year 2012 still exist. Therefore, the petitioner has stated that she has the locus standi to file this writ petition in public interest.
WP(C).No.12765 OF 2014(S) :: 3 ::
3. Prayers sought for in this writ petition are as follows:
a)issue a writ of mandamus, order or direction, directing the respondents to take urgent steps to rectify the functioning of the homes as per the standards mandated by the Juvenile Justice Act;
b) direction to the respondents to conduct a social audit of the institutions emergently as mandated by Section 36 of the Act;
c) direction to the respondents to appoint District Child Protection units under rule 81 of the Juvenile Justice Care and Protection of Children Rules 2007 and Integrated Child Protection Scheme;
d) direction to the respondents to notify the State Juvenile Justice Rules on priority basis.
4. According to Smt.Sandhya Raju, the learned counsel for the petitioner, the main aim of rehabilitation and reintegration, as per Rule 33 of the Juvenile Justice (Care and Protection) Rules, 2007 is restoring the dignity, self worth and mainstream the children, through rehabilitation. It is submitted that though institutional care is the last option, it was nevertheless, an option of last resort. According to the petitioner, Chapter VI of the Juvenile Justice Rules prescribes detailed guidelines, on the standards to be maintained in these institutions, which would ensure reclamation of dignity and self worth.
5. It is submitted that lack of institutional capacity and trained staff to deal with children, who are in need of care and protection and in conflict with law amounts to discrimination and denial of equality under Article 14 of the WP(C).No.12765 OF 2014(S) :: 4 ::
Constitution. It is submitted even among them children in conflict with law are treated adversely to that of children in need of care and protection. It is submitted that these children, who are compelled to enter into such institutions are psychologically scarred by neglect, abuse, violence, abandonment, etc.
6. Learned counsel for the petitioner has brought to the notice of this court, the information, obtained under Right to Information Act, 2005, with respect to the existence of Management Committees and Children's Committees. According to the petitioner, though some of the institutions have Management Committees, they are functioning only for namesake and out of 14 districts, only 7 districts have created management committees. It is also said that where Management Committees have been created, they have not convened, meeting regularly. Information obtained under Right to Information Act, 2005 are detailed as hereunder:
Sl. Management Children's
District JJ Home
No. Committee Committee
1 Kannur Govt. Observation Home Formed Nil
2 Trichur Govt. Observation Home Formed Formed
3 Palakkad Govt. Children's Home Formed Nil
Govt. Children's Home Formed
4 Kollam Formed
Govt. Observation Home Nil
Govt. Observation Home Nil
5 Trivandrum Nil
Govt. Special Home Nil
Govt. Children's Home for girls Nil
Govt. Observation Home for
6 Calicut Nil
Nil
girls
WP(C).No.12765 OF 2014(S)
:: 5 ::
Govt. Observation Home &
7 Malappuram Formed Formed
Special Children's Home
Nil
Govt. Observation Home
8 Alleppey Nil
Formed
Govt. Children's Home
9 Ernakulam Govt. Observation Home Nil Nil
Govt. Children's Home Nil
10 Kottayam Formed
Govt. Children's Home Formed
11 Pathanamthitta Nil Nil Nil
12 Kasaragod Nil Nil Nil
13 Wayanad Govt. Observation Home Formed Nil
14 Idukki Nil Nil Nil
7. Heard learned counsel for the parties and perused the materials available on record.
8. In response to the directions of this court dated 4.6.2014, Mr.Joe Kalliath, learned Senior Government Pleader has filed a detailed counter affidavit on 30.6.2014 wherein it is stated that the Government of Kerala have taken concrete steps for implementation of the recommendations contained in Exhibits P2 and P5. Government is working towards the objective of having separate buildings for Observation Homes and Children Homes.
9. Government is fully committed to implement the Juvenile Justice Act and Rules, in letter and spirit. Relevant portion of the above said affidavit reads as under:
"5. It is admitted that the Juvenile Justice (Care and Protection of Children) Act, 2000 envisages proper care and protection of the two categories of children, namely, the Child in Need of Care and Protection (CNCP) and the Child in Conflict with WP(C).No.12765 OF 2014(S) :: 6 ::
Law (CCL). The Act envisages that the institutionalization of children should be the last resort.
6. It is admitted that the Juvenile Justice (Care and Protection of Children) Act, 2000 is the legislation to ensure Proper Care and Protection to Children. The competent authority to take decision in the case of Child in Need of Care and Protection is the Child Welfare Committee (CWC) and that of Child in Conflict with Law is the juvenile Justice Board (JJB) constituted under the provisions of the Act. The intention of legislation is to take corrective measures and punitive action. Rehabilitation of children within the family and social reintegration is the main focus of the Act.
7. It is submitted that Government is taking action to conform to the standards of Care for Juvenile Justice Institutions as laid down in the Central Model Rules of 2007. The Social Justice Department has developed a strategy to operationalise the standards of care. True copy of the guidelines issued by the State Government for implementing the Juvenile Justice Act is produced herewith and the same may be marked as Annexure R1(a)
8. It is submitted that the Government of Kerala framed Kerala Juvenile Justice (Care and Protection of Children) Rules in the year 2003 in conformity with the Juvenile Justice (Care and Protection of Children) Act, 2000. But in the year 2006, the Juvenile Justice (Care and Protection of Children) Act was amended. Later, in the year 2007, the Government of India notified a draft Model Rules for the adoption of the same by State Governments, who have not framed respective Rules pursuant to the Act. Kerala also adopted the said Model Rule, as the Rules were framed by State Government in 2003 and Amendment was made to the Act in the year 2006 implementing the Juvenile Justice (Care and Protection of Children) Act in the State. No difficulty is being experienced in the State in implementing the Act as the Model Rules was in vogue. It is humbly submitted that the Government of Kerala have since approved the Kerala Juvenile Justice (Care and Protection of Children) Rules, 2014 which elaborately deals with the issues faced by the children coming under the Juvenile Justice Care and Protection of Children) Act, 2000. The Rules have to be published in the Government Gazette.
9. Juvenile Justice Act prescribed formulation of welfare schemes for children. As a measure to implement the same, the WP(C).No.12765 OF 2014(S) :: 7 ::
Government of India introduced the Integrated Child Protection Scheme (ICPS) in 2009-2010 as a centrally sponsored scheme. Integrated Child Protection Scheme (ICPS) envisages that the whole child related schemes implemented by various Departments and Ministries are brought under a common umbrella. The initial difficulties in implementing over to the new scheme have been overcome and the scheme is now being implemented smoothly. The State Child Protection Society and State Child Protection Unit have been set up. The Selection process of staff of District Level Bodies is underway. The meeting of the superintendents of Juvenile Justice Institutions was held and instructions were given to form Management Committees and Children's Committees.
10. In the State, six observation Homes and Children's Homes functioning in the same building. However, the two categories of children are placed in two separate blocks and there is no possibility of their inter-mingling in other places.
11. It is also submitted that steps have been taken to renovate the existing children homes where the facilities are insufficient. After the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000, the Observation Homes were constructed for accommodating Children in conflict with law (CCL). Government has implemented a number of projects for improving the infrastructure facilities of the institutions coming under the Juvenile Justice Act 2000. A true copy of the list of the ongoing projects is produced herewith and the same may be marked as Annexure R1(b).
12. As admitted above, certain old children's homes in the State have been facing inadequacies in the infrastructural facilities. But, these inadequacies will be resolved to great extent with the completion of the ongoing projects. There are no bureaucratic hurdles as alleged by the petitioner. Elaborate and sufficient provisions have been incorporated in the Juvenile Justice (Care and Protection of Children) Rules, 2014, for reformation and social reintegration of the Children.
13. It is further submitted that experienced, motivated and well trained staff are the key for the effective functioning of the child care institutions. Government has chalked out a programme to impart high quality training to the staff of these institutions. Government have also introduced an additional care giver WP(C).No.12765 OF 2014(S) :: 8 ::
programme through Kerala Social Security Mission (KSSM) with a view to fill up critical gaps in service delivery. Necessary action has been taken for capacity development of personnel of child care institutions, to effectively manage the Homes.
14. Individual care plan for the residents of institutions in an effective tool to monitor psycho-social health and sOcial reintegration process of the children. Training has been given to the Superintendents of Children's Homes to systematically maintain care plans. At present, child care institutions can access Support of professionals in psycho-social rehabilitation.
15. For the purpose of social rehabilitation of children, provisions are made in the Rules for promoting adoption of children in consonance with the guidelines issued by the Central Adoption Resources Agency.
16. As stated above, Government have approved the Juvenile Justice Care and Protection of Children) Rules, 2014. Effective steps have been taken organizing training programme for Management Committee and Children's Committee (Bala Sabha) of the Children's Homes and to monitor their functioning.
17. In addition to Integrated Child Protection Scheme, State Government is implementing the following State Schemes for the care and protection of children:
Cancer Sureksha- The Scheme aims to provide free treatment to poor children suffering from cancer. An amount of Rs.610 lakh had been incurred for the scheme. Under the scheme, 3655 children have been covered so far.
Thalolam:-The scheme is being implemented to provide free treatment to children suffering from life threatening diseases. 2049 children benefited by the Scheme. An amount of Rs.808 lakh had been incurred for the same.
Sruthitharangam: The scheme provides free cochlear implantation surgery and facilities for two year long auditory verbal habilitation upto the age of 5 yrs. Under the scheme 202 children were benefited during 2013-14 financial year and an amount of Rs.10 crore was spent.
* Snehapoorvam:- The scheme is designed to provide financial assistance to children who lost both parents or either of them and the O alive parent is not in a position to look after the child due to WP(C).No.12765 OF 2014(S) :: 9 ::
financial constrains. An amount of Rs.422 lakhs had been spent for the welfare of 9411 beneficiaries during the financial year 2013-14. This programme aims at non-institutionalisation of children.
Sneha Sparsham: The scheme is being implemented to provide monthly financial assistance to unwed mothers who were cheated/exploited. They are eligible for financial assistance if only the child is living along with the mother. There are 1692 beneficiaries and an amount of Rs 341 lakhs had been incurred. The assistance is mainly intended for the benefit of child.
18. The Government have also initiated steps to conduct systematic studies with the help of systematic academic institutions to critically examine the working of the Children's Homes in the State under Juvenile Justice system and to suggest remedial measures. These studies are meant for improving the quality of implementation of ICPS in the State. The strengthening of Child Line using State Government funds is another step taken by the Government in this direction. A standard operating procedure (SOP) for the working of the Child Welfare Committee has been finalized by the government and it wil be notified shortly.
19. From, the above, details facts it may be seen that Government of Kerala have taken concrete steps for implementing the recommendations contained in Exhibit P2 and Exhibit P5. One of the recommendations in Exhibit P2 is regarding constitution of the State Commission for Protection of Child Rights. The State Commission for Protection of Child Rights has been set up and is functional. Government is working towards the objective of having separate buildings for Observation Homes and Children Homes. Government is fully Committed to implement Juvenile Justice Act and Rules in its letter and spirit. Shortcomings in implementation of the same will be closely monitored and streamlined."
10. Material on record further discloses that on 29 th July 2020, when this case came up for further consideration, Kerala State Legal Services Authority (KELSA) has filed a comprehensive report, alongwith I.A.No.16427 of WP(C).No.12765 OF 2014(S) :: 10 ::
2016, setting out the physical infrastructure and facilities available in the Juvenile Justice Homes/Observation Homes. On 29 th July 2020, this court passed the following interim order:
"We are informed that the Principal Secretary of the Department of Social Justice, Thiruvananthapuram is in charge of the homes in State of Kerala. There is another officer, Director of Woman and Child Development Department working in the abovesaid Department. Both of them are directed to look into the report submitted by KELSA and rectify the deficiencies pointed out in the homes and other places and submit a detailed rectification report within a period of eight weeks from the date of receipt of a copy of this order."
11. In response to the directions of this court dated 29 th July 2020, Sri.V.Tekchand, learned Senior Government Pleader has filed a rectification report dated 27th January 2021 along with a memo. Details are as hereunder:
Sl.
No. Suggestions Action Taken Report
1 More Comprehensive J J Act 2000 was repealed and the new J J
medical record, including Act, 2015 was come into force the mental health record, w.e.f.15/01/2016 and subsequently, the J J in respect of every child Model Rules 2016 also framed. As per Rule need to be maintained in 77 of the J J Model Rules 2016. Medical File accordance with Rule 58. of each child should be maintained by the CCI concerned. Medical report has been WP(C).No.12765 OF 2014(S) :: 11 ::
prepared for all children in Government Children's Home, Ernakulam. Counselor has been appointed in Ernakulam Government Children's home for the purpose of maintaining and monitoring mental health record of juveniles, creating an enabling environment in the institution for helping the child grow beyond negative experiences and for providing individual or group therapy and counseling. A panel of qualified psychologists are also nominated in this institution for the psychological assessment of children. The service of psychiatrist has also been ensured.
2 The staff has to be given Instruction have been given to the training on handling first Superintendent to provide first aid aid, Medical Staff as training to the staff under the guidance of required in the staff District Medical Officer. Department has pattern provided in the started aftercare program in co-ordination Rules has to be made HLFPPT. A pilot project is envisaged available at the earliest. wherein children above the age of 15 years in 4 homes in Kozhikode and Kannur districts (3 Homes in Kozhikode - Girls Home, Boys Home and After Care home and 1 Aftercare home in Kannur district) will be addressed to bring in measurable outcomes. The project will focus on sequential levels viz., a) Preparation of young adult b) Pre-placement services c) Placement of young adult d) Post placement services e) Monitoring and review. Capacity of the existing key intervention staff in all the Government Homes across the State will be build up so as to scale up the project in all the Government care homes in the State. A Standard Operating Procedure (SOP) will also be formulated to guide After Care services across the State. Steps have been taken to give first aid training for CCI staff including Government children's home, Ernakulam under the leadership HLFPPT expert .
WP(C).No.12765 OF 2014(S) :: 12 ::
3 It is the duty of all Educators are appointed in all Government concerned to encourage run child care institutions as per G.O.(Rt) children, who are No. 522/2020/SID dated: 02/10/2020, reluctant to go for including Ernakulam Government studies, to pursue their Children's home for monitoring the studies. educational purpose of children. Special tuition teachers are provided in all government run child care institutions.
Need based financial assistance have given to all child care institutions for educational purpose.
4 More facility for The State Government gave fund for recreation and games has recreation facilities (arts, sports and yoga) to be provided. Children for children in Government run child care may be encouraged in institutions including Ernakulam gardening. More government children's home for girls. As necessary facility for self per G.O.(Rt) No. 507/2020/SJD dated:
education may be 24/09/2020, honorarium has been granted provided. to Arts, Sports &Yoga trainers in 16 J J Homes. Children's park and library facilities are arranged in Government Children's Home for girls, Ernakulam.
Most of the governments run children's homes have vegetable gardens. Directions have given to all superintendents of JJ institutions to engage the children in gardening and different activities. Most of the children in CCIs exhibit behavioral issues, hyperactivity, homosexuality, etc. Full time counselors are appointed in all government run child care institutions and the services of psychologists are made available from the panel of psychologist selected for the same as and when needed, vide G.O.(Rt) No. 520/2020/SJD dated:
02/10/2020.
5 Regarding the vocational Directions have been given to training, instead of Superintendent of Government Children's confining the training to Home, Kakkanad, Ernakulam to provide tailoring and jewelry computer training for the children. As per making, the children may ICPS Guideline, Rs. 10 lakhs is allotted for be provided computer training fund for organizing programs at training block, districts and state levels for different categories of functionaries. Fund WP(C).No.12765 OF 2014(S) :: 13 ::
will be provided from the above said component.
6 The staff also may Because of COVID - 19 pandemic, there is be provided computer problem for conducting training training programs. Steps has been taken to provide computer training for the staffs in CCIs after the COVID Restrictions. A pilot project is envisaged wherein children above the age of 15 years in 4 homes in Kozhikkode and Kannur districts (3 Homes in Kozhikode - Girls Home, Boys Home and After Care home and I Aftercare home in Kannur district) will be addressed to bring in measurable outcomes. The project will focus on sequential levels viz., a) Preparation of young adult b) Pre-
placement services c) Placement of young adult d) Post placement services e) Monitoring and review. Capacity of the existing key intervention staff in all the Government Homes across the State will be build up so as to scale up the project in all the Government care homes in the State. A Standard Operating Procedure (SOP) will also be formulated to guide After Care services across the State. Steps has been taken to give first aid training for CCI staff including Government children's home, Ernakulam under the leadership of HLFPPT expert group.
7 The staff shall be given Department has started aftercare program training in providing first in coordination with HLFPPT. Steps have aid. been taken to give first aid training for CCI staff under the leadership of HLFPPT expert group.
8 More literacy Funds have given to all government child programmes, excursions, care institutions for arts, sports, yoga cultural programmes, training on monthly basis workshop. Fund leadership camps, has given to children in government CCIS workshops etc may be for monthly outings and annual tour organized with a view to program. Funds have also been given to WP(C).No.12765 OF 2014(S) :: 14 ::
make the home more cultural programs (Onam, Christmas, Eid, child friendly. Birthday Programs of children etc.) Need based financial assistance have given for government JJ Homes for conducting for psycho-social programs and workshops. Most of the Children's Homes were constructed prior to 1975 by the Prisons Department and later transferred to the Social Justice Department. Those buildings were constructed before the enactment of JJ registration. The standards and specifications for JJ Homes were not laid down at that point in time. So the infrastructure facilities available in some of the Homes are not commensurate with the infrastructure stipulated in the JJ Rules. However, the Department is in the process of restructuring and modifying the old buildings as per the provisions in the JJ Rules. New child friendly buildings are constructed as per the specifications of the JJ Act and Rules.
9 Annual cultural events The Children's fest has been conducted may be held regularly. every year for encouraging creativity to Any child, who has shown dance, music, story telling etc, to use their exceptional ability for has imaginations by making creations. In the come up with is brilliance fest, awards are also given to the children in any field may be who score good marks in academic encouraged by rewarding examinations. Ujjwalabalyam, an award her in functions held for children who show exceptional ability within the home. with brilliance in desired field is also instituted.
10 The daily routine may be The food menu boård and daily routine at directed to'be displayed chart are displayed in every child care at various places within institutions, the institutions, 11 The government shall Multi task care providers has been provide for personal appointed in all government CCIS to hygiene and cleanliness, provide each children upon his reception yoga, moral education, toiletries and such other items required community singing etc. for daily usage. Instructions have given to all superintendents to ensure that WP(C).No.12765 OF 2014(S) :: 15 ::
caretakers in JJ institutions should maintain personal cleanliness and hygiene of children and also look after sanitation and maintain hygienic surroundings.
12 It is necessary to Step will be taken to introduce to yellow introduce yellow and and orange token system with the orange token system with involvement of Balasabha the involvement of Balasabha 13 It is expected that the Menu is prepared in this institution the menu for four meals a help of nutritional expert. day is prepared with the help of nutritional expert or Doctor.
14 Security to the home has The service of police from the AR Camps is to tightened. available in Government Children's home for girls, Ernakulam. Action will be taken to install CCTV Camera and supported equipments as soon as possible.
15 Staff may be given the orientation training programme for training in proper superintendents and caretakers has been management of conducted in every year for the institutions like this. rehabilitation of children, mental health of children etc. Training programme for counselors in JJ Institutions has been conducted based on counselling understanding a child, understanding a problematic situation, management, role of a counsellor etc. Because of COVID-19 Pandemic, online training has been given to JJ Superintendents under the leadership of NIPCCD. Psycho-social training has been given to the District Child Protection Officers and Counselors on behalf of prevention of suicide in children. With the help of experts, training for individual care plan for children who are residing in child care institutions, has been given to the JJ Superintendents.
Strong iron grill has been fixed on the top of the parapet wall up to the terrace level as part of security measures. The service of security police from the AR Camps is WP(C).No.12765 OF 2014(S) :: 16 ::
available in Children's home for girls, Ernakulam.
State Government gives fund for Education, recreation facilities, arts and sports activities ete for children in government run child care institutions Educators and special tuition teachers are appointed in all government child care institutions. Most of the children in CCIS exhibit behavioural issues, hyperactivity, homosexuality etc. Full time counselors are appointed in all Government run child care institutions and the services of psychologists are made available from the panel of psychologist selected for the same as when needed.
GOVERNMENT OBSERVATION HOME FOR BOYS, KAKKANAD, ERNAKULAM Sl. Suggestions Action Taken Report No. 1 The daily routine of Instructions have been given to the the boys has to be superintendent to constitute Balasabha in developed in Government observation home.
consultation with the children's committee.
The children's
committee (Balasabha)
may be constituted in
the institution at the
earliest.
2 The daily routine shall Instructions given to the Superintendent of
be prepared in such a Government Observation Home, Ernakulam
way so that the boys to prepare daily routine with the help of
should have regulated experts for the children in this institution
and disciplined life, and vocational training, moral education
with emphasis on programs, yoga etc were implemented in
personal hygiene and this home. Also Orange and Yellow Token
cleanliness, physical System will be introduced with the
exercise, yoga, involvement of Balasabha.
educational classes,
moral education,
prayer, community,
singing etc. it is
necessary to introduce
WP(C).No.12765 OF 2014(S)
:: 17 ::
yellow and orange
token system with the
involvement of
Balasabha.
3 The menu has to be Menu is prepared in this institution with
prepared with the help with the help of nutritional the help of
of nutritional expertor nutritional expert.
doctor.
4 It is essential to JJ Act 2000 was repealed and the new J J Act,
maintain a medical 2015 was come into force w.e.f. 15/01/2016
record of each juvenile and subsequently, the JJ Model Rules 2016
on the basis on also framed. As per Rule 77 of the JJModel
periodical checkups Rules 2016. Medical File of each child should and provide necessary be maintained by the CCI concerned. medical facilities. The Medical report has been prepared for all medical care shall be in children in the home. Goverment of Kerala accordance with Rule IS implementing a special program for CCls 58 named KAVAL which aims to provide psycho social care and support for children in conflict with law and their families to ensure rehabilitation and restoration of children and family at community level. It is implemented by WCD department with technical support from NIMHANS Bangalore in every district. Detailed psychosocial assessment of the children has been conducted by observation home counselors in detailed format and Individual care plan has been prepared for every child.
5 The staff requires As a part of KAVAL programme, special training in handling capacity building training programs and first aid especially psychological first aid training were when medical personal conducted to all observation home staff and are not available on counselors including Government call. Observation home, Ernakulam by National institute of Mental Health and Neuro Science (NIMHANS), Bangalore.
6 Every juvenile has to Need based medical care has to be provided be provided with to CCL in all observation Homes including adequate medical care, Government Observation Home, Ernakulam both preventive and also quarterly evaluation of the remedial. Individual Care Plan and progress of WP(C).No.12765 OF 2014(S) :: 18 ::
psychosocial intervention has been carried out by the Homes OH/JJB counselor.
7 All efforts to prevent Preliminary need assessment of every child stigmatization of the will be conducted by observation home juvenile and promote counselor and Individual care plan will be self respect. prepared. As per the ICP, proper Integration into the reintegration of the child back to community has to be community by preventing the stigmatization ensured. will be ensured with the support of JJB, DCPU and other stake holders.
Government of Kerala is implementing special program for CCIs named KAVAL which aims to provide psychosocial care and support for children in conflict with law and their families to ensure rehabilitation and restoration of children and family a community level. It is implemented by Women and Child Development Department with technical support form NIMHANS Bangalore in every district, DCPOs will co- ordinate with JJB for implementing this program by seeking support from specially selected and Trained NGOs at district level. 8 It is necessary to Mental health record_is included in the ICP maintain a mental prepared by OH counselors and regular health record of every updation of ICP is getting done properly. juvenile and provide Children are provided Group therapy by individual and group trained experts as per the need of child. therapy. Special tools were developed by NIMHANS specifically for children in conflict with law in Kerala.
9 The environment has New observation home constructed at to be made more child Ernakulam district and the children will friendly so that the to be shifted to the new home. We have been boys will be able to providing more recreational activities for cope with their our children to have proper all time situation and regain engagement and also steps were initiated to confidence. It has to be promote the hobbies of the children, collective effort of all identified during the preliminary concerned. assessment. Instruction has been given to superintendent to submit proposal to make the home child friendly.
10 The institution shall Counselors are appointed in every WP(C).No.12765 OF 2014(S) :: 19 ::
have the service on Observation homes including Government trained counselors in Observation Home, Ernakulam and we have association with trained 28 psychology and identified NGOs to provide technical psychiatric assistance and psychosocial intervention for departments or similar children.
reputed national or international NGOs
11 A mental health care A preliminary assessment tool is used by plan has to be observation home counselors to identity bio- developed in psycho-social issues of children and family consultation with the which was developed by mental health mental health experts. experts. Specific mental health services are provided according to the issues identified and it will be updated in the Individual Care Plan as well.
12 The juvenile shall be Children who are identified with problems encouraged to related to education during the preliminary continue their studies assessment are referred to KAVAL program in the best possible for future supports. Juvenile Justice Board manner. Rule 60 has to will issue required orders directing schools be followed to readmit child back to education in meticulously. required situations.
13 Another important Children who are in need of vocational requirement is the training support are connected with facility for vocational vocational training facilities like PMKVY training. As of now, (Pradhan Mantri Kaushal Vikas Yojana), there is no such DDUGKY (Deen Dayal Upadhyaya Grameen facility available. All Kaushalya Yojana) which are functioning in the boys were found the district. Children who need further engaged in drawing followup for these intervention will be pictures in the referred to KAVAL program.
afternoon session
irrespective of the fact
they have talent for
drawing and painting
pictures.
14 The staff pattern of The bifurcation process of department
institution shall be completed in February 2020. The accordance with Rule preparation of seniority list, special rules are 82 provided in Kerala in process. Because of this, appointment of Juvenile Justice (Care various posts is getting delayed. Steps have and Protection of been taken to avoid the further delay of WP(C).No.12765 OF 2014(S) :: 20 ::
children) Rules 2014 filling the vacancies in the Grade 1, Grade II, Grade III JJ institutions.
15 More facilities are The point has been noted and we are required for planning to implement more recreational recreation. activities and infrastructure development for favoring such activities shortly.
16 The Individual case file Instructions has been given and proper has to be maintained follow up has been done to ensure individual in accordance with case files are getting maintained properly. Rule 67 17 The management Instruction has been given to committee has to meet superintendent to conduct management more frequently. committee regularly.
18 All the registers All the registers have been maintained
prescribed by the rules properly.
shall be maintained.
19 Most importantly, New observation home has been
security has to be Constructed at Ernakulam district and the
tightened. The building children will be shifted to the new home.
does not look safe Action will be taken to install CCTV Camera
considering the type of and supported equipments as soon as
construction. possible.
District JJ committee is constituted as per GO (Rt) No. 169/2019/SJD dated 23/03/2019 for the monitoring of CCIS and coordinate child protection activities. State level inspection committee constituted as per GO (Rt) No. 809/2017/SJD dated 21/12/2017 and district level inspection committee was constituted as per GO (Rt) No. 9/2018/SID dated 08/01/2018.
Department has designed a website for Child Care Institutions to report the details of children on admitted. Details thus collected can be used as database can be used for monitoring the CCIS also. Department has developed a software with the help of C-DIT for data management and monitoring system. On pilot basis, the data entry work on this software has started in Trivandrum district.
WP(C).No.12765 OF 2014(S) :: 21 ::
12. Sum and substance of the pleadings is that the statutory provisions of Juvenile Justice Act, 2000 and the Rules framed thereunder should be ensured in the letter and spirit. We have gone through the counter affidavit as well as the report submitted by the first respondent/Principal Secretary, Department of Social Welfare. Juvenile Justice (Care and Protection of Children) Act, 2000 was enacted to consolidate and amend the law relating to juvenile in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this law.
13. Kerala State Legal Services Authority (KELSA) in its report, has stated that institutions have to be developed in a better manner and this would be possible, if only the conditions and requirements as provided in Kerala Juvenile Justice Care and Protection of Children Rules 2014 are strictly adhered to, and that the institutions should have a congenial environment, so as to enable the juveniles to regain their confidence and lead better life.
14. Keeping in mind the objective of the Juvenile Justice Act, 2000, particularly, the reports submitted by the Government, as well as the Kerala WP(C).No.12765 OF 2014(S) :: 22 ::
State Legal Services Authority (KELSA), we direct the respondents/Principal Secretary, Department of Social Justice Department and the Director of Women and Children Development Department to issue suitable orders, for monitoring all the child care institutions, for the purpose of effecting implementation of the statutory provisions of the Juvenile Justice Act, 2000 and the Rules framed therein. Act has been amended in 2015 and consequently the rules. Issues pointed out in the report of Kerala State Legal Services Authority, be dealt with and remedial measures taken.
With the above directions, writ petition is disposed of.
SD/-
S.MANIKUMAR CHIEF JUSTICE SD/-
SHAJI P. CHALY JUDGE jes WP(C).No.12765 OF 2014(S) :: 23 ::
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A COPY OF THE EXTRACT OF THE INTEGRATED CHILD PROTECTION SCHEME AND ITS IMPLEMENTATION FRAMEWORK.
EXHIBIT P2 AN EXTRACT OF THE FINDINGS FROM THE REPORT ON A STUDY OF HOMES UNDER JUVENILE JUSTICE SYSTEM IN KERALA.
EXHIBIT P3 A COPY OF NEWS PAPER ARTICLES REFLECTING THE CONDITION OF CHILDREN AND STATUS OF CHILDREN IN THE JUVENILE JUSTICE HOMES ON KERALA IN AN INDIAN EXPRESS DATED 12.10.2012 AND 22.10.2012.
EXHIBIT P3(a) A COPY OF THE NEWS PAPER REPORT IN AN INDIAN EXRPRESS DATED 08.10.2013.
EXHIBIT P3(b) A COPY OF THE NEWS PAPER REPORT IN AN INDIAN EXPRESS DATED 09.10.2013.
EXHIBIT P3(c) A COPY OF THE NEWS PAPER REPORT IN AN INDIAN EXPRESS DATED 09.10.2013.
EXHIBIT P3(d) A COPY OF THE NEWS PAPER REPORT IN AN INDIAN EXPRESS DATED 27.01.2013.
EXHIBIT P3(e) A COPY OF THE NEWS PAPER REPORT IN MALAYALA MANORAMA DAILY DATED 13.09.2005.
EXHIBIT P4 A COPY OF THE NEWSPAPER ARTICLE WITH RESPECT TO THE OBSERVATIONS OF THE STATE COMMISSION ON CHILD RIGHTS IN AN INDIA EXPRESS DATED 05.05.2014.
EXHIBIT P4(a) A COPY OF THE NEWS PAPER REPORT IN THE NEW INDIAN EXRPRESS DATED 06.05.2014.
EXHIBIT P5 AN EXTRACT OF THE RECOMMENDATIONS WHICH CAME OUT OF THE REPORT STATE LEVEL CONSULTATION AND CHILD RIGHTS ORGANIZED BY SCPCR. EXHIBIT P6 A COPY OF THE NEWS REPORTED IN THE NEWSPAPER - THE HINDU DATED 14TH OCTOBER 2016.
EXHIBIT P7 A COPY OF THE NEWSPAER REPORT DATED 13TH AUGUST 2013.
EXHIBIT P8 A COPY OF ARTICLES IN THE NEWSPAPERS.
EXHIBIT P9 A COPY OF THE FINDINGS AND RECOMMENDATIONS FROM THE STUDY CONDUCTED BY HRLN SUBMITTED TO THE GOVERNMENT.
RESPONDENT'S EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF THE GUIDELINES ISSUED BY THE STATE GOVERNMENT FOR IMPLEMENTING THE JUVENILE JUSTICE ACT.
EXHIBIT R1(b) A TRUE COPY OF THE LIST OF THE ONGOING PROJECTS // TRUE COPY // P.S. TO JUDGE