CAG Criticized State Government
On Implementation Of Juvenile Act
CAG conclusions
- Children who need care and protection are kept in the same place as children who have committed crimes, including some charged under terrorism laws
- In 23 of the 33 CWCs, the fate of discharged children was never followed up and their rehabilitation status remained un-assessed.
- 5687 cases registered under the Act were pending for more than one year.
The Comptroller and Auditor General of India (CAG) had criticized the state government on ‘Implementation of the Juvenile Justice (Care and Protection of Children) Act 2000, (Amended Act, 2006) and Orphanages and Other Charitable Homes (Supervision and Control) Act, 2006,’ in its report for the year ending March 31, 2009
Children who need care and protection are being housed in the same place as children who have committed crimes, including some charged under terrorism laws, “exposing the innocent children to delinquent juveniles.” Report said this was happening in an observation home in Ahmedabad. CAG’s observation was based on a 2007 National Human Rights Commission visit. The report added that the Home Secretary reported the following year that 11 of the 21 children in the home were “involved in serious crimes”, and that four were over 20 years of age. One was even found to be 29 years old.
The report said that Child Welfare Committees (CWCs) in Ahmedabad, Vadodara, Bharuch and Jamnagar delayed finalizing cases for over six months, resulting in “children being denied formal education and vocational training”. In Dahod and Tapi districts, CWCs were not constituted at all. In another 12 districts, the “absence of agency for in-country adoption resulted in failure to protect the best interest of the children.” In 23 of the 33 institutions, the fate of discharged children was never followed up and their rehabilitation status remained un-assessed.
Report detailed 5687 cases which were pending for more than one year. Juvenile Justice Board (JJB) is functioning in six cities of Gujarat, viz. Ahmedabad, Rajkot, Surat, Vadodara (two JJBs), Bharuch and Jamnagar.
Percent of juvenile crimes
Out of total crimes regenerated in the state during 2004 to 2008 juvenile crimes contributed 0.67 to 0.77 percent. During years 2004 to 2008, juvenile crimes registered were 2007, 2229, 2048, 2395, 2170 respectively.
Provisos to section 14(1) read with rule 13(6) and rule 15(1) categorically mentions that “the inquiry to be completed within a period of 4 months after the first summery inquiry unless extended for reasons in writing.”
In 6531 cases the deadline of four months was missed. The proportion of cases which are pending more than four months up to one year was 11 to 24 percent. While those pending for more than one year and above were 76 to 100 percent.
During these five years total 13,821 children were apprehended as criminals with 18.99 percent in thief, 13.58 percent in cases related with breach of law, 10.68 percent involved in cases of inflicting injuries, 6.59 percent in burglaries, 2.23 percent in riots and rest 40.67 percent involved in other crimes.
Total 13,821 children were apprehended.
Total crime
1 18.99 theft
2 13.58 breach of law
3 10.68 inflicting injuries
4 6.59 burglary
5 2.23 riots
6 40.67 other crime
Report noted that children requiring care and protection were kept in same premises with juvenile delinquents. There was no separate arrangement for these two categories. In 11 observation homes basic facilities including rooms, latrines and bathrooms were absent. No follow up work was undertaken in absence of staff and probation officers. Hence, there was no evaluation on rehabilitation of children after the release.
Pending cases
JJB
|
Pending till December, 2008
|
Pending for more than 4 month and up to 1 yr
|
%
|
Pending for more than 1 yr
|
%
|
Ahmedabad
|
3290
|
377
|
11
|
2913
|
89
|
Rajkot
|
483
|
115
|
24
|
368
|
76
|
Vadodara
|
1087
|
201
|
18
|
886
|
82
|
Bharuch
|
216
|
29
|
13
|
187
|
97
|
Jamnagar
|
301
|
0
|
0
|
301
|
100
|
Surat
|
1154
|
122
|
11
|
1032
|
89
|
Total
|
6531
|
844
|
13
|
5687
|
87
|
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