Bachpan Bachao Andolan moves Madras High Court seeking to assist in ensuring implementation of Juvenile Justice Act

NGO Bachpan Bachao Andolan has moved the Madras High Court in an effort to assist the Court in monitoring the proper implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 in line with the Supreme Court's 2018 directions in Sampurna Behura v. Union of India & Ors..After the matter was mentioned on Tuesday morning, the Bench of Justices M Sathyanarayanan and R Hemalatha has tagged the PIL along with the suo motu writ pending before the Madras High Court to be heard next month..The NGO was represented by Advocate Pragyan Sharma along with Advocate Adithya Reddy..".... instances of abuse in Child Care Institutions and beyond subsist only due to the apathy and indifference of officials who have failed to perform their duties. The Muzzafarpur Shelter Home incident where 34 minor girls were sexually assaulted residing in shelter home is a glaring example of the same. Abuse like such only takes place because they are allowed to take place, with no questions raised about the accountability of officials entrusted with the protection of the rights of children", reads the petition filed by the NGO..The NGO has raised concern that the provisions of the Juveline Justice Act has not been carried out in their true sense, with child shelter homes, remand and observations homes falling short of the standards set by the Act and its rules. .The petitioner adds that RTI replies obtained in 2019 further shed light on a rather dismal state of affairs when it comes to the pendency of matters in Juvenile Justice Boards and Child Welfare Committees across Tamil Nadu. . The concerns flagged by the organisation include, inter alia, No information on the involvement and role played by civil society and NGOs in such organizations.No guidelines on the qualifications of persons appointed to District Child Protection Unit and State Child Protection Society or for their effective functioning. Vacant posts in Juvenile Justice Boards and Child Welfare Committees, demonstrating the lack of the implementation Sections 4 and 27 of the Juvenile Justice ActCase pendency before Juvenile Justice Boards remains high. Data from Madurai is particularly worrisome with the pendency of cases being 352 as of January 2019. There is insufficient information on the procedure adopted to appoint persons to the Special Juvenile Police Unit and the Child Welfare Police Officer (CWPO) and on whether such appointees are appropriately trained.Concerns are raised over whether Child Care Institutions are being properly inspected. The total allocation for the juvenile justice fund in Tamil Nadu between 2017-2019 January was Rs 1,30,000.There is a need to formulate a comprehensive rehabilitation policy for children in need of care and protection and children in conflict with law. Personal liability should be imposed upon all persons entrusted with any duty/responsibility under the Juvenile Justice Act, in the event of them failing to perform their statutory duties.Children not dealt with in a Child-Friendly manner by Police officers.There is a need for the constitution of a Juvenile Cadre of Police OfficersA High-Level Committee should be tasked with reviewing the rehabilitation of children. There is a need to check on whether free and competent legal services are available to children as per the Juvenile Justice Act in Tamil Nadu. There are several reported instances of sexual assault of children in child care institutions.All authorities such as Juvenile Justice Boards and Child Welfare Committies, Probation Officers, members of the Child Protection Societies and District Child Protection Units, Special Juvenile Police Units, Child Welfare Police Officers and managerial staff of Child Care Institutions must be sensitized and given adequate training relating to their position. .In this backdrop, the NGO has urged the Court to consider the grant of the following reliefs during the pendency of the case, including directions to:create an online monitoring system pertaining to the tracking and rehabilitation of Children in Conflict with law as well as Children in Need of Care and Protection It would be mandatory to upload Individual Care Plan, Social Investigation Report, Rehabilitation Card etc..formulate and After-Care and Sponsorship guideline(s) for the children who are leaving institutional support.provide information about prcoedures and practices adopted for regular inspections of Child Care Institutions.have a High-Level Committee to monitor the rehabilitation of children.appoint a Rehabilitation-Cum-Placement Officer in every Child Care Institution for the purpose of rehabilitation of children.The State authorities should act to immediately reunite the children who are staying in Child Care Institutions, with their family, pending the disposal of this Writ Petition.Institute a Special Investigation Team to investigate child sexual assaults and provide counseling and compensation to the victims..The petitioner-organisation further calls for the drafting of holistic guildelines or Standard Operating Procedures to:define the role of stakeholders;define the formulation of rules prescribing personal liability against public servants for dereliction of duties entrusted under the Child Protection Laws; cull out a cadre of child welfare police officers that are only transferred within the cadre; direct the Tamil Nadu State Commission for Protection of Child Rights to conduct an Annual Social Audit of all the Child Care Institution in the State .The matter is expected to come up next on January 20.