Annual Report
April 2013- March 2014
Resource Cell for Juvenile Justice
A Field Action Project
of
Centre for Criminology and Justice, School of Social Work,
TATA INSTITUTE OF SOCIAL SCIENCES,
Mumbai
RESOURCE CELL FOR JUVENILE JUSTICE STAFF
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CONTENTS
Acknowledgement- 2
Acronyms used 4
Introduction to RCJJ 5
Field Locations of R.C.J.J 6
RCJJ’s Work in Children’s institution- 9
Help Desk 9
Direct Work with Individual Child 11
Group Work with Children 14
List of Group Session conducted in April 2013- March 2014 20
Work with Childcare personnel of Children’s Institutions 21
Work With Police at different levels towards Protection of the Rights of the Child 22
Media Advocacy and Media Coverage 26
Networking for change with systems and other allied organisations. 31
Details of Sensitization/ Awareness/Training Programmes 35
Documentation/ Articles/ Involvement of/ with Media – 39
Forums, Paper Presentations, Panel Discussions- 40
Future Plans: 41
Some Statistical Highlights 42
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ACKNOWLEDGEMENT
RCJJ would like to begin with by acknowledging all those children within the institution as well as outside the institution who have placed their implicit faith in us. These children have undergone innumerable hardships yet their optimism for a better life, and their belief in us has been the motivating factor for our work. We would also like to thank their parents/ guardians and the community without whose support we would not have been able to rehabilitate them. .
A sincere thanks to the Secretary, Superintendent, Teachers, Caretakers and all the other personnel of the children's institution who have not only supported us in our work within the institution but have wholeheartedly participated in all the activities conducted by RCJJ in the institution.
RCJJ would like to thank all the Juvenile Justice functionaries -the JJB, the CWC and the SJPU and especially the office of the Commissioner of Police, Thane who has supported us in many of our struggles while working with the children.
We thank all government departments, especially the Department for the Women and Child Development ; Judiciary, especially the Juvenile Justice Committee members with a special reference to Hon’ble Justice Kanade, Mr. Laddha, Mr. Khurekar Registrar (Inspection I) from the Bombay High Court, Maharashtra State Legal Services Authority, District Legal Services Authority, especially from the Thane, Mumbai and Yavatmal, District courts, Ministry of Women & Child Development Department (GOI), the Principal District Judge and Chief Judicial Magistrate, from Thane and Yavatmal. who despite their busy schedule, have prioritized the issue of Juvenile Justice and have held meetings, for implementing recommendations suggested by RCJJ.
RCJJ would not have been able to rehabilitate children but for the support and the services provided by NGO's – Prayas, DISHA, Childline (Yavatmal, Akola, Amravati) , GSMT- Wani, PRATHAM (Latur), SENT Gramin (Yavatmal), Sankalp Trust, Kotak Education Trust and our private donor Ms. Bhavna Pradhan.
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We acknowledge the contribution made by the various colleges of social work who have been placing their students for field work at RCJJ. Hospitals for providing Health & Mental Health Services- for extending their services for the Physical and mental well being of children-Thane mental Hospital, Institute for Psychological Health (IPH), HOD and senior Doctors from Psychiatry Dept. of Sion Hospital, Indira Gandhi Medical Institute (IGM), G T Hospital, Mumbai
We thank Ms. Deepa Shenoy and Mr. Nandadeep Palshetkar from Manthan facilitators for the support rendered to us to conduct the mapping exercise and providing us with their expertise of GIS tool.
Faculty of Centre for Criminology & Justice, School of Social Work, TISS, Mumbai who have provided guidance from the time of research, work at the grass root level to providing contacts with relevant people in the Juvenile Justice system that can help in carrying forward RCJJ’s work.
We would like to state a special thanks to Mr. Pallab Bhattacharya GM I/c CC & CSR, and Ms. Shubhangi Sharma from ONGC for rendering their support by providing us financial assistance to purchase computers.
Last but not the least to the funding partners Railway Children and CRY.
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ACRONYMS USED
C/JWO’s Child / Juvenile Welfare Officers. C.C.J Centre for Criminology and Justice CH Children’s Home CJM Chief Judicial Magistrate C.J.S Criminal Justice System C.N.C.P Children in need of care and protection Cr.P.C Criminal Procedure Code CSR Corporate Social Responsibility CWC Child Welfare Committee DCP Deputy Commissioner of Police DPAACA District Probation and After Care Association DW& CDO District Women and Child development office FAP Field Action Project GOM Government of Maharashtra GR Government Regulation HC High Court HIR Home Investigation Report SIR Social Investigation Report ICDS Integrated Child Development Scheme IPC Indian Penal Code JCL’s Juveniles in Conflict with Law JJA Juvenile Justice (Care and Protection of Children) Act 2006 JJB Juvenile Justice Board J.J.S Juvenile Justice System JMFC Judicial Magistrate First Class MCOCA Maharashtra Control of Organised Crime Act, 1999 MIS Management Information System MSLSA Maharashtra State Legal Services Authority NGO Non Government Organization NIPCCD National Institute of Public Cooperation and Child
Development OH Observation Home R.C.J.J Resource Cell for Juvenile Justice SH Special Home SIR Social Investigation Report SJA State Judicial Academy SJPU Special Juvenile Police Unit SOP Standard Operating Procedure TISS Tata Institute of Social Sciences W& CD Women and Child Development Department
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Introduction Resource Cell for Juvenile Justice” (RCJJ) is a Field Action Project (FAP) of the Centre for Criminology and Justice, School of Social Work of TISS, Mumbai. It was conceptualized with the realization that Juvenile Justice System which is designed to protect the child from exploitation due to adversities both from the immediate surrounding as well as from the system, is failing to protect the child as well as is ill equipped to address the child's needs. Contrary to this, a child who enters the legal system designated as a JCL has to go through systemic exploitation which hampers any attempt for reintegration. Thus RCJJ before entering the field undertook a Research Study ‘Status of Justice delivery system in the state of Maharashtra in the year 2008-2009’ with due permission of the honourable High Court, Mumbai. This study elucidated key issues, which helped RCJJ in understanding the existing situation in the field of Juvenile Justice in Maharashtra. Based on these key issues RCJJ started its work in the two districts of Maharashtra namely Thane and Yavatmal in the year 2009.
Juvenile Justice is a fundamental but often overlooked component of justice systems. It is also a critical element of successful international legal development models, but is not a major focus of many organisations. In the larger context of child protection, the Convention on the Rights of the Child (CRC) establishes international standards for the treatment of children, including children in conflict with law. Legal provisions in signatory states rotates around the globe supplement of this international mandate. Yet, Juvenile Justice competes for resources with other pressing government concerns like security and economic stabilization. In India, J.J.S has continuously encountered systemic challenges.
In this light, R.C.J.J reviews recent developments in government policy designed to provide an integrated framework for children’s services, in the light of the continuing and long-running debate between principles of welfare and justice. It is observed that at the level of policy, it has repeatedly been argued that responding to the offences of children and providing for their welfare are inseparable. However, this apparent consensus has resulted in a range of different service structures and delivery systems over the years, characterised by ‘turf wars’ amongst policy-makers and practitioners, and unintended consequences in terms of damaging outcomes for children. Thus, R.C.J.J through systematic evidence based processes elucidates how policy initiatives from government leave this tension unresolved; and attempts to position the need to develop informed collaborative interventions with Juveniles in conflict with law.
This year 2013-2014 has been a challenging year to work with. Given the Nirbhaya case and the media attention on juvenile crime and statistics have swayed opinions and perceptions on how JCLs should be treated. The tolerance level of the community has gone down considerably making it difficult for community-based rehabilitation. Earlier, RCJJ found it difficult to rehabilitate those children who had
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committed serious offences, but now with the negative portrayal of JCLs, it has become difficult to rehabilitate children who are falsely implicated by the system.
In this context, R.C.J.J envisions evolving intervention strategies and program models that reduce offending and promote pro-social development. This involves evolving evidence-based community programs, which can reduce encounters of the children with the justice system. The emphasis is on evidence-based practice, to document effectively the benefits, and the challenges it may pose for those who adopt it, to implement the best practices and overcome potential barriers to successful implementation of reintegration and prevention programs. The challenge for RCJJ is to push these reforms into the mainstream of Juvenile Justice and Child Protection. RCJJ operationlises its mandate through the following objectives:
1. To engage with the system and work towards a child friendly implementation of the Juvenile Justice Act (with special focus on JCL) and work on issues related to rehabilitation and social integration of children into society.
2. To build capacities of Juvenile Justice System functionaries towards their effective functioning in the system.
3. To generate knowledge and information on various aspects related to children in the Juvenile Justice System.
4. To establish a Documentation Centre and Resource Unit for Juvenile Justice System.
Field Locations of R.C.J.J
The field locations of R.C.J.J are at Thane and Yavatmal. The work is strategically located in sub-urban and rural base to capture the heterogeneity of issues of JCL’s and build on advocacy to impact State and National agendas around Juvenile Justice. RCJJ’s work in the two districts started by setting Help Desks in two children’s institutions - Children’s/Observation Home, Bhivandi and Yavatmal Children/ Observation Home. The Ministry of Law and Justice, Department of Justice has appreciated the work of RCJJ by financially supporting us to function from four other districts of Mumbai, Mumbai Suburbs, Pune and Amravati.
Observation cum Children’s home at Bhivandi, Thane is a government aided residential institution run by an NGO for boys and girls. This is a children’s home cum observation home, which houses CNCPs and JCLs. The Juvenile Justice Board of Thane district functions for three days (Thursday, Friday and every 2nd Saturday) from 11 a.m. to 4p.m. Since this is the only observation home in the whole of Thane, children from around 120 police stations of rural and urban Thane are brought here before the CWC and JJB.
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Yavatmal Children/Observation Home is a government run home. The children currently here are Children in need of care and protection (CNCP). The Juveniles in Conflict with the Law are mostly out on bail and stay for very short duration. The Juvenile Justice Board, Yavatmal functions for three days (Monday, Wednesday and Friday) from 11 a.m. to 2:30 p.m. Children from 29 police stations (geographically remote areas) are brought before JJB Yavatmal of which some police stations are IAP districts affected by naxalism.
Profile of the two Districts-
Thane district is primarily considered urban yet covers many talukas, which are rural and has a sizable tribal population. It is the most populated district in the country and the third largest industrialized place in Maharashtra comprising of 1548 large and medium scale and 18,480 small-scale industries.
Source: http://www.thaneliving.com/thane-guide
It has a good connectivity to all major cities in Maharashtra as well as other parts of the country through a network of roadways and railways. Recently it has been attracting a huge population of migrants essentially youth from all parts of the country. Consequently, it has a floating population of extreme diversity. There is a move to divide this district into two considering the size and diversity of issues.
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Source: http://www.mapsofindia.com/maps/maharashtra/districts/yavatmal.htm
It is geographically a vast district with its borders abutting Andhra Pradesh. It has also Nanded, which is afflicted by the Naxal issue. It has very few non- agricultural employment opportunities, as there are few industries. Yavatmal is infamous for farmer’s suicides. It is a remote, drought prone district with comparatively lesser opportunities for survival. The two areas of Yavatmal identified having high intake of JCL’s are Wani and Pusad. Pusad has a considerable population from the tribal and minority community. Wani Taluka has coalmines thus attracts migrants in large number from Andhra Pradesh and adjoining talukas.
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RCJJ’s Work in Children’s institution- The children / juveniles that R.C.J.J works with are either identified by R.C.J.J personnel or are referred by functionaries within the J.J.Ss namely the JJB, CWC, police, superintendent, caretakers, lawyers and other concerned personnel In many cases, the parents or children directly approach R.C.J.J for help.- Direct work with children involves providing-
• Legal guidance & assistance
• Home visits,
• Preparation of HIR’s / SIR’s,
• Home tracing & repatriation
• Strengthening bonds between the family by facilitating meeting of children with their parents
who are in the community or lodged in the prisons,
• Assistance in financial assistance in vocational and educational guidance,
• Representing children / juvenile before the concerned authorities like CWC/JJB/ adult courts.
• Referral to other agencies
Some of the direct intervention work is detailed below
Help Desk
With due permissions of the honourable High Court, Mumbai RCJJ has been operating the Help Desk in Yavatmal and Thane districts since 2010. Help Desk functions in coordination with the respective Juvenile Justice Boards for providing socio- legal guidance to the children and their parents. Through Help Desk, RCJJ not only interacts with the children and parents but also addresses the queries raised by the children and parents, other stakeholders approaching it. Help Desk led RCJJ to facilitate and advocated that every JCL case must have a Social Investigation Report (SIR), which contains information about the profile, socio-economic background, circumstances, opinions of stakeholders and recommendation about the rehabilitation needs of JCL. Overtime JJB has understood the effectiveness of SIR in rehabilitation for JCL’s and now JJB insists for SIR’s for every child it deals with. Help Desk also facilitates bail, final order, supervision, rehabilitation process of the children. Further it works towards timely disposal of cases, identification of longest pending cases for Speedy Disposal and Pre-mediation and intervention at Bal Lok Adalat to ensure rehabilitation in cases.
The Help desk has made formats for applications to be filed by Parents/ guardians before the JJB for releasing their child on leave, or on bail or for considering reasonable absence of JCL before JJB, for Exams or college/job requirements. Juveniles are being referred to free legal aid panel advocates to minimise financial
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exploitation. Efforts are on to spread awareness on the procedures related to the JJ process. Considering the positive results of Help Desk at Thane and Yavatmal, the Maharashtra State Legal Services Authority has granted permission to start the Help Desks across all districts of Maharashtra. With the due support of the Department of Justice (GOI) , we have started Help Desks in four more districts of Maharashtra namely Amravati, Pune, Mumbai (city) and Mumbai (suburban) from April 2014. Another development is the ongoing use of Standardized Formats as prescribed in the JJ Rules Maharashtra by the police.
: :Source: http://commons.wikimedia.org/wiki/File:Maharashtra_Districts.png
Help Desk Locations
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Direct Work with Individual Child Regular work with individual child (casework) with children in and outside the children's institutions is a regular feature for all social workers of RCJJ. It primarily includes rapport building with children, understanding their needs and concerns, paying home visits, facilitation for counselling, regular meetings with the parents, educational and vocational guidance, information, referral, post release follow up and supervision, conducting group sessions for children and parents and support them for rehabilitation and reintegration.
This includes Supervision of children as per the provisions of the JJA, 2000. The Juvenile Justice Board in both districts has recognized RCJJ as fit person for supervising the children who are released on bail or final order. In order to ensure successful rehabilitation of children, support is extended to both the children and the parents. RCJJ social workers undertake follow up visits, joint meetings, which largely helps the children address their fears and difficulties faced by them. RCJJ till the date has worked with more than 100 children through supervision orders given by the JJB or initiated independently by the RCJJ.
RCJJ is also working on cases related to disqualification faced by juveniles at the time of issue of passport given that the police issues a character certificate stating the juvenile offence. RCJJ has also been initiating action against Media (New Papers) for violating the protection clauses of JJ Act such as revealing the identity of JCL and CNCP.
Direct work with the children since March 2013 to April 2014 is as follows:
ACTIVITY (April 13 – March 14) YAVATMAL THANE
No. of Queries addressed by
the Help Desk
208 302
Bail facilitated by RCJJ 23 63
Final order facilitated by RCJJ 27 35
Supervision & Follow up cases 13(s)1 + 60 (fup)2 16 (s)+ 125 (fup)
CWC cases 10 26
SIR/ HIR 54 HIR for 45 JCL
1 (s)=supervison cases 2 (fup)=follow up cases
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Social Investigation Reports- RCJJ plays a vital role in the social investigation, home tracing, of the children. RCJJ social workers submit extensive reports of their visits to the JJB, which helps, understand the psycho social and financial background of the child and his family and assists in the issuance of a suitable order. JJBs in both the districts give official orders to RCJJ for SIR and HIR and consider the reports for issuing the final orders.
RCJJ has also supported 5 children with financial assistance to continue/pursue higher education. These are children who are either out on bail or their final order has been passed. During interaction, if RCJJ is convinced that the child is motivated enough, then a discussion is held with the parents or guardians of the child. Generally RCJJ encourages the parents or guardians to contribute a part of the fees while RCJJ pitches the other half. This is to bring a sense of responsibility and accountability in the family. Only in cases where the financial capacity of the parents are very poor, that RCJJ pays the complete fees of the child.
Z1 a 16-year-old girl was apprehended for theft. The observation home staff and other girls in the institution alleged that the girl created disturbance in the home by bullying, abusing the girls and sometimes even the caretakers. Since none of the family members of Z1 were appearing before the JJB. The girl’s records did not have her contact details and so the JJB decided to send the girl to a Special home. On exploring for Special homes it was found that the Special Home at Pune was not for the JCL girls and that the only Special Home at Mundhava Pune had been closed and hence was non-functional. Thus the girl could be sent to Deonar Special home meant for rescued minor girls. The JJB took a decision to send the girl to Adwait foundation at Thane, which is a missionary institution for rescued girls. At Adwait foundation, Z1 continued bullying and abusing other girls and staff of the institution. Adwait foundation felt that Z1 may influence other girls and disrupt the peace at the institution and since they did not have staff to deal with JCLs, the girl was sent back to Bhivandi Observation Home. After Z1 came back to Bhivandi home, the JJB referred the case to RCJJ. Cases which are complicated have been invariably been allocated to RCJJ. These till date had meant cases which the probation officer/police or JJB members find difficult to follow up and the delay makes the case get further complicated.
Since Z1’s behaviour had snubbed everybody including the JJB, Probation Officer, caretakers and other girls in the institution they were against her. RCJJ with much patience started building rapport with the girl and managed to get her home details. The details she shared were insufficient to undertake a home visit. RCJJ, took the challenge to locate the home with this insufficient information. After a month of constant follow-up RCJJ managed to locate the home and met her elder sister and father. RCJJ made Z1 talk to her sister on phone. This was a turning point which led Z1 to trust RCJJ and she began to share more and more information about her past. She shared with the RCJJ social worker about her love affairs, her friends and that
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even had a miscarriage twice. Her narrations about her past experiences were not sequential and would never give a complete picture. Her family members shared that she was shy and used to sit quietly for hours together and often run away from home at odd hours, stay out for couple of days and return by herself or would be found by a family member. She was addicted to various substances. She along with her friends mostly boys and many of them elder to her would indulge in pick-pocketing on the central railway line and also steal money and things from shops and homes of known people. This information along with her family details was shared with the JJB and the Probation officer. RCJJ suggested a psychiatric evaluation of the girl at the earliest. This was initially rejected but later when the girl attacked the caretaker when she reprimanded her; the PO of the institution was convinced that the girl required immediate attention in terms of her mental health.
Regular interaction with the girl and assurance of family visits her after her elder sister’s delivery calmed Z1 which helped in building a strong rapport with RCJJ personnel. As a result, she was willing to start a new life. Seeing this transformation, the JJB has decided to transfer the girl to the Deonar Special Home, Mumbai. RCJJ continues to intervene with the girl even after her transfer. RCJJ’s focus of intervention was mainly targeted towards mental health assessment and treatment along with convincing her family to take her back or at least come to meet her regularly.
Loksatta , 22nd March 2013
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Group Work with Children
After initiating direct work with the children in respective Observation Homes, RCJJ team realised that the children in conflict with the law staying in the institution had no set schedule and therefore used to spend their time in watching TV, sleeping or fighting with each other. Additionally, since the homes are largely understaffed, the staff is overworked with the task of running the homes hence the staff especially caretakers had no time to spend with the children who in turn had no one to share their concerns with. In order to address these issues, RCJJ initiated a variety of theme based group activities with the children and staff. The RCJJ team along with fieldwork students and experts planned these sessions.
RCJJ also conducts Open Forum Discussions with the institutionalized children every fortnight where children discuss their issues and concerns with the RCJJ social workers. These forums discussed wide range of topics and issues related to difficulties faced in getting released from OH, exploitation by lawyers, challenges of being rehabilitated, conflicts among children staying in the institution and demystifying human reproductive system. At Thane, two theme based drawing /Art therapy was conducted in coordination with the Thane Mental Hospital. Children on different occasions were shown two different moves, ‘Kabuliwala’ and ‘Three idiots’. These movies were followed by a facilitated discussion.
Regular de-addiction sessions were initiated because of the Open Forum Discussions. These sessions created an environment where students felt free and safe to discuss and share sensitive issues related to malpractice and corrupt practices they faced by the system. RCJJ took such sessions seriously and acted on a certain case which lead to , one caretaker being suspended from his service, a police station was put under scanner of higher officials for their high handed ways of functioning, notice were issued to all police stations in Yavatmal cautioning them against the practice of charging children under chapter cases. .
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Group meetings with parents.
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Session with School Children & Teachers at Audh Nirman School, Thane
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Community level interventions with children.
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Sensitization programs with different stakeholders
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Challenges in rehabilitation :
A1 is a 16 year old boy. After finishing his ninth standard dropped out of studies, and with no productive engagement he got into stealing. When he stole his own
sister's gold chain, his mother handed him over to the Police. The boy was transferred to the CH/OH at Bhiwandi. RCJJ came in contact with him. Interactions with the boy revealed that he was addicted to Ganja and Charas since the past one
year. Prior to that, he had been consuming beer and smoking cigarettes for six years. After visiting his home it was found that, the relationship between his
mother and father were not good. Interactions with his mother revealed that she was not aware of his addictions. RCJJ personnel made her aware of A1’s addictions
and convinced her to take back her case against him. RCJJ facilitated this process between A1's mother and JJB. JJB released A1 and ordered the mother to get him treated for his addictions and psychiatric issues. With the help of RCJJ, A1 started treatment at Thane Mental Health Institute. The treatment had side effects such as
violent withdrawls which the mother was not ready to handle. As a result, the mother panicked so the RCJJ Social worker would be in constant touch with her
over the phone from 12.00 am to 5.00am. Despite this, the mother was so agitated that she got A1 released from the hospital and admitted him in a private hospital.
In two days when the bills started going up, the private hospital discharged A1 due to non-payment of bills. RCJJ social worker took A1 to Thane Civil Hospital. However since there was no facility for psychiatric treatment he was taken to
Indian Psychological Institute (IPH) Thane. Currently A1 is undergoing treatment and both he and his mother are being counselled for not losing hope.
The observation cum children home at Yavatmal, as already mentioned had no JCLs staying in observation home for long period as their custody is given to parents immediately in most cases. Only those JCL are kept for short period in OH when JJB feels that the child would not be safe with parents when back in the community. In addition, the child is kept in the OH when bail application is held up for want of the SIR, or when parent’s presence before JJB is delayed. Thus, in Yavatmal while most JCL’s are on bail, the RCJJ team realised that this large group of JCL is visible only when it regularly attends JJB hearing. Interacting with the JCL’s and their parents it emerged that the JCL’s and parents face number of difficulties and have many queries related to the JJS and community. As there was no platform available to share this with JJB or to get any guidance from any functionaries, RCJJ with permission of the JJB began monthly group sessions for JCL’s and parent’s on the last day of every month with the help of JJB and OH superintendent in the premises of the OH. The various topics of the session included: career guidance (Educational/Vocation Opportunity), de-addiction, sustaining human relations, legal guidance, dealing with hurdles and ways to
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rehabilitate children in community,, art and craft sessions and information on the child rights and protective provision for children under JJS etc. Group activities at Thane included sessions on games, recreational activities, sessions on children charged u/s 302 of IPC: reasons, results, future plans, session on love affairs leading to rape and kidnapping cases, educational & vocational skills and children’s interests in vocation, addiction & its effects, benefit & loss from crimes and session on socially acceptable and not acceptable habits / behaviour, addiction to alcohol and gutka. Given that addiction is an issue of concern, RCJJ has tied up with Sankalp Trust for Periodic De-addiction sessions Thane Home and at Kalva community.
List of Group Session conducted in April 2013- March 2014
Date Topic of Group Session
Organised / Facilitated by
Impact
30/09/2013
‘Problem Sharing and Way out Session for JCL on bail’
RCJJ, JJB Yavatmal
JCL and Parent expressed their difficulties with respect to the JJS and community acceptance. It led to bridging the gap between JJB and JCL; led the JJB to take pro-active role in rehabilitation of JCL in community
01/10/2013
SATKAR SOHALA (Facilitation Programme) of JCL shown remarkable achievement in Education
Facilitated by RCJJ, JJB and DLSA
This activity was to facilitate JCL’s showing remarkable performance in education or a /vocational course. This led to enhancement of self esteem of the child and acceptance of the ‘worth’ of the child by the parent
15/11/2013
Book Distribution
Facilitated by DLSA and District Court Yavatmal
Besides being an activity to support the education of children in OH/CH, it involved the system in the rehabilitation of the children. It also served as a motivator for children to access mainstream education
29/01/2014
Career Guidance
Facilitated by RCJJ, JJB Yavatmal and conducted by
Information was made available on career guidance and opportunities
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SENT Gramin Rojgar Prashikshan Kendra
20/03/2014
‘Problem Sharing and Way out Session for JCL on bail’
RCJJ, JJB Yavatmal
It led to the JJB to take pro-active role in rehabilitation of JCL in community
Some of the challenges faced by RCJJ in the rehabilitation of the juvenile were, school forcing the juvenile to drop out of school, lack of education of the juveniles, lack of family support emotionally and financially, lack of education and vocational opportunities, livelihood and stay. RCJJ did bring to the notice of the JJB, the rampant corruption of the free legal aid lawyers, practices of the police filing chapter case against JCL’s etc.
While the group activity had an impact on the welfare of the JCL’s RCJJ in Yavatmal faced a lull period for a couple of months with the change in superintendent of the OH who had certain fixed ideas and notions on how the system should function. This did slow down the process of work over a period of time.
Work with Childcare personnel of Children’s Institutions- The issue of unclean toilets in the Thane Observation/ Children Home was taken up by the RCJJ as a result of an Open Forum Discussion with the children. This was shared with the JJB and Secretary of the institution who took serious cognizance of the issue. The impact of this proactive sharing resulted in the toilets and bathrooms being repaired. The JJB magistrate after this incident started regular visits in the OH and inspect the infrastructure
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Work With Police at different levels towards Protection of the Rights of the Child
In Thane district, we repeatedly received complaints from children who were placed under our supervision and their parents against police atrocities. Parents would call up complaining of how police would come to their house late in the night and detain their children stating false cases, harassment of police in the name of surveillance would visit homes of children and their work places at odd hours for no reasons. After receiving several such complaints by various children, RCJJ shared the issue with the Commissioner of Police and Additional Commissioner of Police (ACP) (Crime), Thane.
Protection of JCL from booking under Chapter Case
A boy named XXXX currently 18 years but was 17 years at the time of offence. He was apprehended under IPC sections- 302, 201, and 34 at Yavatmal. Police alleged he had murdered his father. JJB Yavatmal referred his case to RCJJ for counselling and made an order for his Social Investigation Report (SIR) to be prepared by RCJJ. The SIR prepared by RCJJ revealed that his father was an alcoholic and was in the habit of abusing the juvenile’s mother SIR revealed that on the day, the juvenile got into a fight with his father who was drunk at the time. During the fight when XXXX pushed his father, he fell and died on the spot. . The grandparents of the juveniles were sympathetic to the situation and during the interaction with RCJJ sided the juvenile stating that the incident took place in a fit of anger and that they were ready to take the responsibility of XXXX. As a result the grandparents were given the custody of the child by JJB. After release, RCJJ continued to follow up on the case. In one of the group sessions held by RCJJ, the juvenile expressed his interest in pursuing a vocational course. Based on his interest RCJJ encouraged him to take up a computer course on TALLY. However, the everyday struggles of this life forced him to give up the course mid way. Meanwhile the final order of his case passed by the JJB acquitted him of the charges.
The child went back to completing his studies. With the efforts of his grandfather, the boy was able to get a job in his father’s company who appointed him as a fitter there. He had to undergo a training in a proper training institute. The boy began to lead a peaceful and industrious life, shouldering the responsibility of his mother and younger sister. However, soon after, his uncle started showing animosity towards the boy. His uncle got the grandparents to live separately from the boy and his family.
On the event of his father’s 1st death anniversary, the uncle picked up a fight with the boy and lodged a complaint against him and his mother. They were booked under IPC sections 509 and 294. All efforts by the boy to present his side of the story to the police went in vain. As he had not completed 18 years of age, he was treated as a juvenile.
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However, the police station as a precaution showed him as absconding and detained him in the police station and filed a chapter case against him. He was then asked to furnish two sureties including a cash surety of Rs. 15000/- to ensure non-involvement in illegal activities and demonstrate good behaviour.
RCJJ Yavatmal filed a request to JJB Yavatmal to issue directives to the police station to remove the Chapter case against him by stating that the boy was in touch with RCJJ and that he was pursuing his studies and working on a part time basis. Based on the report of RCJJ, JJB sent a show cause notice on 12/09/2013 to the police station to present themselves before the board. The police station in-charge tried to overlook the matter. However, JJB strictly pursued the case, and the police had to appear before JJB. The JJB gave them strict instructions to consult their Law officers or Higher Authorities to understand the appropriateness of their actions taken. The police station later filed an application before JJB acknowledging their mistake and stated that they would not charge children with chapter cases in future. The Police also took the initiative of putting a notice in all police stations cautioning officials to henceforth not apprehend juveniles under the section of chapter case.
In one particular case, media was also made to intervene given the lack of cooperation at the police station level. Because of the intervention by the ACP (Crime), directions were given to all police stations to inform RCJJ about the apprehension of the JCL immediately. RCJJ contact details were shared with the police stations. RCJJ requested the Probation Officer of Women & Child Development Department to participate in the drive and keep records of the phone calls by the police stations. RCJJ after this initiative used to get about 15 calls per month from various police stations. As a result, of this initiative, it has found that the number of apprehensions under false pretext reduced substantially.
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Illegal detention of children
X1, X2 and X3 Raghuveer, Ranbir and Rajan were released on conditional bail under the supervision of the RCJJ. X1 was working as an unskilled labour with his mother while X3 engaged in the mental health programs, which were being conducted in the Thane Mental Hospital. During this phase, the police apprehended the boys again. The boys were kept in the police station for three days and were beaten up badly. This was a gross violation of Juvenile Justice Act Section 10 which stipulated the Police to place the Juvenile before the Board within 24 Hours and under no circumstance to detain the Juvenile in a Police Lock up or in the Jail. Their parents were neither told the reasons of apprehension nor allowed to meet their children. On the second day of the apprehension, the parents informed RCJJ who tried to talk with the police officers and requested them to allow us to meet the children. The police not only rejected the request but also abused the social worker. The parents of the apprehended children were angry and expressed that they wanted to take proactive action against the police. RCJJ facilitated this process. A complaint was drafted and submitted it to CWC Thane regarding the illegal detention. CWC immediately issued a show cause notice to the police station after which the two children were produced before the CWC as there was no case that could be put upon them. CWC took the matter ahead and sent a letter to the Commissioner of Police, Thane as well as to the Maharashtra State Child Rights Commission. Each authority sent a letter to the police asking for explanation for the illegal detention of the children. Of the two children produced before JJB, one child was immediately released on bail and the other was released after some time. The impact of these actions has cautioned the police stations as these practices seems to have reduced to some extent. RCJJ took up the responsibility of supervising the two boys. However, one fallout of this action was that one of the boy and his mother changed the residence due to fear of Police. RCJJ is trying to get the boy who was working before apprehension to enhance his skills by suggesting him vocational courses. The third boy was so traumatized by the experience that he has given up his studies. RCJJ is counselling him to go back to school. [This case was also reported in Times of India 22nd August 2013 and Mumbai Mirror 4th September 2013].
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Case study :
S1, 16-year-old girl who was staying in the Observation Home for more than 4 months. She was a juvenile in conflict with the law and allegedly for theft. RCJJ social worker came to know that she was earlier sent to her paternal aunt but very soon, the aunt’s husband took her back to the institution. According to him, she was not behaving properly and his wife who was mentally ill did not want her with her around. After some interactions with the girl, it was understood that she had no parents and was staying with her grandparents. Her grandfather was very strict and used to verbally abuse her very often. She was constantly told that her parents died due to HIV and that her character was bad character like her parents. She had an affair with a boy, which her grandfather did not approve of. She was studying in ninth standard. She shared she was good in studies and had scored 70 percent in the eighth standard. However, her grandparents could not afford to pay her school fees. Her grandparents alleged that she stole a gold chain and some cash from home and spent it with friends. According to them, since this used to happen repeatedly, S1 was sent to the institution. S1’s aunt’s husband was the only person who used to come to the institution frequently to meet her and sometimes expressed willingness to take her to his home irrespective of his wife’s opposition. However, the PO of the institution felt that he had some different interest in the girl and since JJB also felt that this may not be in the best interest of the child they decided not to place her in his custody. They took cognisance of the fact that the girl also didn’t want to go with him.
Since the Observation Home does not provide good education and vocational facilities, the RCJJ workers were requested to identify a suitable organisation for her. RCJJ approached many organisations but none of them were willing to admit a “JCL” in their institution. After many efforts, RCJJ identified an organisation in Thane, which was working with the girls in distress and provided residential, education and vocational training services to girls. RCJJ had meetings with the staff of this organisation along with the PO of the Observation home. A visit was paid to the organisation and a report recommending the girl to be sent to the organisation was submitted to JJB. Based on the report, the JJB passed an order for two years stay. This case was seen as a landmark case for Thane JJB, because for the first time, the JJB has declared a voluntary organisation as “fit institution” and passed the order accordingly. Moreover, for the first time a girl was sent to a voluntary organisation for residential and rehabilitative purpose. Presently the girl is under the supervision of RCJJ and doing well in the organisation. We are looking forward for S1 to complete her tenth standard to discuss her future plans. It his heartening to share that the organization has expressed its willingness to support S1 even after 18 years of her age
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Media Advocacy and Media Coverage
Media Sensitization Workshop : As stated earlier, the Nirbhaya rape case and the Shakti Mills rape case resulted in the media reporting relentlessly on the issue of juvenile crimes. Every person from a film star to psychiatrist had a say as an expert on the topic even theough they have never worked with this category of children.
The impact of all this media against juveniles, have left a sentiment of fear and non tolerance among this community of juveniles.
All this media attention resulted in the Ministry for Women and Child Development preparing a cabinet note on the amendment to the Juvenile Justice Act, seeking to amend the age of the juvenile and introduce differential treatment to those juveniles between the age of 16 years and 18 years and committing serious offence such as rape or murder.
A PIL was also filed by Mr. Subramaniam Swami seeking the age reduction of the juvenile which the Supreme Court heard and ruled to maintain the age of 18 years.
In this light, RCJJ felt the need to to expose the media –
1. To understand the working of the JJ system as their understanding was limited to the 2-3 cases that have been highlighted.
2. Sensitive reporting on issues related to juvenile justice issues. 3. Challenges of the system on working on these issues from a legal and social
perspective.
A one-day sensitisation workshop on the issue of juveniles in conflict with law was organised on the 13th January 2014. This meeting was attended by print and visual media like Indian Express, Times of India,, Zee TV, DNA, Maharashtra times.
A meaningful discussion took place during the workshop. RCJJ spoke about their experiences of working with the system. The case studies shared helped contextualise the issue. It was interesting to hear the reporters and content writers accept that they had never bothered to understand the other side of the story and the vulnerability of the juveniles. The workshop stressed the importance of the use of right terms as per the JJ act.
The impact of this program resulted in the media treating this subject with a lot more sensitivity. The use of terms - observation home and children’s home, instead of remand home is the first indication of the positive outcome of the workshop. RCJJ social workers have been interacting with journalist approaching them and explaining to them the reality of the situation.
While RCJJ has been facilitating the understanding on the JJS for the media it has also initiated action against media revealing identity of JCL and CNCP. RCJJ is aware
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of the harm done to JCLs by media who for sensationalising the issue reveal the identity of the juvenile, which is contradiction with the tenets of the Juvenile Justice Act. RCJJ collected several such newspaper articles, which reveal the identity of JCL, and submitted the same to the JJB. The JJB at Yavatmal took cognizance of this letter and issued notices to respective editors of the newspapers asking them to appear before them and furnish an explanation. Two editors of newspapers appeared before the JJB, submitted a written apology and assured the board of compliance of the provisions stated in the JJ Act regarding non-disclosure of identity of the juvenile.
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Media sensitisation programme conducted by RCJJ in collaboration with the CRY on
Juveniles in conflict with the law, impact of media on society and JCL family, JJA provisions etc with approximately 30 - 35 media reporters on 13th Jan 14 at Mumbai Press Club.
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Talk Show on All India Radio Yavatmal were RCJJ, JJB Yavatmal invited to deliver talk on Child Rights, JJ Act, and Safety provisions available for children in India on 13 November 2013 At 2:30 to 3:30 pm.
facilitation program for children doing well in life after exiting from the system.
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Networking for change with systems and other allied organisations. :.
Re-appointment of Free Legal Aid Panel: The Free Legal Aid Panel was constituted in 2010. In Yavatmal, there was just one advocate on the panel who regularly attending JJB sitting. Rest of the three panel member did not visit the JJB premise on a regular basis. .This was brought to the notice of District Legal Services Authority, Yavatmal. With a bit of perusal, the DLSA re-constituted the Free Legal aid panel. These panel members were also given literature and documents pertaining to juvenile justice issues. The new lawyers have been attending sittings days of the JJB on a regular basis. Pre-Mediation in Bal Lok Adalat: Lok Adalat is a concept in which compoundable cases are disposed by amicable understanding between the two warring parties. Chief Judicial Magistrate and JJB Yavatmal gave a request letter to RCJJ to conduct pre mediation in 34 cases which were to be put up in the National Lok adalat in Yavatmal on 23 November 2013. RCJJ visited the homes of all JCL’s and complainants in the 34 cases across Yavatmal. RCJJ counselled both parties about pros and cons of the formal case in the regular JJB or in any court especially with regards to their investment of time and resources, compulsion to remain presents on hearings, uncertainty of final order. RCJJ stated their benefit from the settlement of cases in Lokadalat. The pre mediation of 34 cases by RCJJ resulted in settlement in 1 case, disposal of 4 cases under section 258 and 5 cases getting resolved at Lok Adalat .This pre-mediation is seen as an important step, although, RCJJ does not prescribe to the practice of juvenile cases being heard in a Lok Adalat because, people are generally not aware of these procedures. They receive legal intimations which do not make much sense to them. Hence the people involved in the 34 cases were made aware of the procedures after which 10 of them made a conscious decision was an achievement of its kind.
District Court & JJB: RCJJ regularly meets the Principal District and Sessions Judge, Chief Judicial Magistrate and JJB at Thane and Yavatmal for updating them on status of juvenile justice and discuss scope for further improvement. For last consecutive 2 years, RCJJ has convinced Principal District and Sessions Court to conduct Joint meeting in Yavatmal and this year to the District Court held joint meet of all authorities in the JJS, to take review of present status and plan for further improvement. This joint meeting was attended by the PDJ, CJM, JJB, CWC, RCJJ, Chief Medical Officer, NGOs, CJWOs, WCD and other authorities in the JJS. This is considered as a good practice and so RCJJ has advocated for this process to be followed in all districts across Maharashtra with the High Court appointed Juvenile Justice Committee. The same was discussed and passed in the minutes of the High Court Committee. Hence this practice would now have to be followed in all districts on a quarterly basis.
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Apart from the Joint Meet, the District Court and DLSA was convinced to participate in the felicitation programme of the children who have abstained from the life of crime. . This programme was conducted by RCJJ in coordination with the DLSA Yavatmal on 1st of October and Thane District Court, DLSA in the court on 5th January 2014. The JCLs were appreciated and given the environment, many boys and their parents came forward and shared their life experience with the group. 39 boys were falicitated with a certificate of appreciation by the CJM and JJB Magistrate. On a later date when RCJJ visited a few home of these children as a part of their follow up routine, it was seen that the children and their families had framed this certificate and put it up on their walls. It was a realisation to the team that the certificate was probably the only one that they had got all their lives and it meant a lot to them and their family.
RCJJ in coordination with the respective courts also works for transfer of the juvenile cases from the adult courts to the juvenile justice system.. This year, RCJJ successfully transferred three cases of juveniles from the prisons to the observation home as they were wrongly represented as adults. RCJJ in these cases have stood before the judge in the adult court and represented the case.
District Legal Services Authority: The DLSA regularly invites RCJJ as Resource Person for the training of Para legal volunteers (Training of Social Worker and Law Students, Anganwadi Sevikas), Lawyers appointed on Free Legal Aid Panel (District Court & JJB) across districts, appointed by them.
Police: RCJJ periodically meets the higher authority of police like SP, DCP, Add. CP (Crime) of both the district and t share the issues and concerns of the clients at the police station level. Due to the constant work with JCL and coordination with police department, RCJJ receives support from higher authorities of police in both districts. RCJJ personnel’s at both districts are Regular Resource Person for conducting training workshop for police on the “Role of Police in JJS with reference to the JCLs”. Even now, adjacent districts call for similar training programmes.
High Court & JJ Committee: Regular meetings with the High Court Juvenile Justice Committee and the Registrar High Court are made to follow up the action points discussed in the JJ Committee meetings. RCJJ also are invited for these meetings and is an active participant in the process. Maharashtra State Judicial Academy : RCJJ personnel are invited as resource persons in the Maharashtra State Judicial academy. RCJJ has also submitted two research studies to be done in collaboration with the Academy on serious offences and nature of community service orders.
Work with District W&CD dept- The Department of Women & Child Development has given continuous support to RCJJ for conducting various programmes and activities at OH/CH, providing study material to around 500 trainee police and stakeholders. Training of NGO running OH/CH in Amravati district and NGO Meet
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was conducted in coordination with the DWCD office for around 70 NGOs in Thane district along with the police and CWC representatives.
o RCJJ in collaboration with WCD and financial support from our funding partner CRY conducted a mapping of all residential institutions in Maharashtra. Through this exercise 1189 institutions were geographically mapped using the GIS tool. Through this exercise, RCJJ was able to develop a detailed directory with full address and contact details of institutions which the department did not have. The assistance of Manthan facilitators were taken to do this mapping exercise. An analysis of the data post the survey showed that more than 75 percent of institutions were that of boys. Around 50 percent of the institutions were situated in the Aurangabad division. There was a mis-match on the staff – children ratio. Institutions were being given a certification stating “boys and girls” which gave them a free hand to run either one of the institution or both. Thus the state did not have any exact figures of how many boys and girls institutions existed in Maharashtra. It was found that government run institution were being funded by ICPS and this in the long run meant that the funds being released by the state would slowly be reduced as they would be under utilised. This also would mean a question on the autonomy status of the government run instituton. A presentation of this study was made before the Principal Secretary, WCD who took up the findings of the report seriously. The impact of this study has resulted in the WCD taking a decision to re-register all institutions in Maharashtra through an online process. RCJJ has been asked to help the department formulate a registration policy of the residential institutions for children in Maharashtra.
Networking with NGOs: RCJJ has identified and co-ordinated with other NGOs for support services for rehabilitation of children falling under JJS. In Thane one more De-addiction centre for the children has identified which is working closely with other NGOs as well such as Kotak Education Trust, Prayas, Sankalp Trust for providing services to children. Similarly to provide support services to children a strong network of NGOs like ChildLine (for CNCP), PRATHAM, SENT Gramin Sanstha (Vocational Course), GSMT (Follow Up of Children in Wani District) is built up by RCJJ.
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State and National level Academies for Judiciary and Police- Various state as well as National level Training Academies such as NIPCCD , Maharashtra State Judicial Academy, Maharashtra Police Academy, Nasik, Khandala Police Academy, Nagpur Police Academy, Marol Police Academy invite RCJJ to conduct the training sessions on Child Rights, Children related Laws (primarily JJA, 2000 and POCSO, 2012) for the judicial officers in service, trainee judicial officers, Social worker on JJB, CWC, trainee police cadets from the range of Dy. S.P. to Police constables and Child Care Institution Staff trainings.
Hospitals for Health & Mental Health- help RCJJ for providing Health and Mental Health to our children . Thane Mental Hospital, Sion Hospital, G T Hospital, Mumbai, Indira Gandhi Hospital, Bhivandi and Institute for Psychological Health (IPH) have been a constant support for this work. These hospitals and their respective wards provide services to the children and their parents at nominal or free of cost. We have referred around 5 children to Thane Mental Hospital who are successfully taking treatment and 6 children to other hospitals for various serious health related issues such as urinary track infection.
Work in the community/ Outreach programmes- RCJJ recently initiated Community work at small scale in one of the slum areas of the Thane district. It was observed that the majority of the children coming in conflict with the law were from this community. The common factor among these children was addiction. After few home visits in the community for supervision of the children, we realized that many of the children and elders are severely addicted to drugs. RCJJ felt need to take up this issue and therefore conducted two sessions on de-addiction for community in coordination with a deaddiction centre at Thane district. RCJJ is in process of taking this initiative forward in coming year.
Student’s placement- this year two students of first year, MA in Social Work from TISS, Mumbai, One First Year Student of Law from Lucknow Law College were placed in Thane District and 2 MSW Student (Mahatma Phule College of Social Work) and 3 BSW students (Savitri Jotirao Samajkarya Mahavidyalaya) in Yavatmal with RCJJ. All students participated in case work, group work, community work, networking, co-ordination and participation for training programme etc. The students also enrich RCJJ with their new ideas. Our community initiative at Kalva (Thane) was coordinated by students under the guidance of our Social Worker.
Two management students did their internship with RCJJ from NMIMS College of Management. Similarly one law student did her internship from Symbiosis Pune.
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Work at the State & National Level
Sensitization/ Awareness/Training Programme- These programmes aim at sensitizing stakeholders on issues of child rights, Essential components of Juvenile Justice Act, roles and responsibility of personnel in the field. The programmes also focus on sharing the challenges faced by the stakeholders with each other and identify solutions for the same and build strong network among all JJ functionaries to avoid duplication of work and ensure child rights protection.
Details of Sensitization/ Awareness/Training Programmes
Date Topic Organised by Participants Role of RCJJ
7th April 2013 Joint training of JJ Functionaries
Chandrapur DLSA & RCJJ
140 (JJB, CWC, WCD, OH Superintendent, Probation Officer, Child/Juvenile Welfare Officer, SJPU, Legal Aid Lawyers of JJB, NGOs)
RP3
29th July 2013 Role of Child Care Institution in JJ Act
WCD Amravati 29 Personnel from Child Care institutions across Amravati district
RP
1st Aug 2013 Child Rights & JJ Act SP Yavatmal 55 representatives from the police- including Probationary Dy. SP, Sub-Inspectors, Assist. Sub-Inspectors
RP
7th Aug 2013 Children’s Act Nagpur Police Academy
1100 Woman Police at Nagpur Police Academy RP
14th Aug 2013 Child Right & JJ Act under KAYADA SATHI Training
MAVIM, & DLSA Yavatmal
67 women SHGs(MAVIM) members across Yavatmal
RP
3 RP= Resource Person
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27th Aug 2013 Joint Training Programme for Juvenile Justice Functionaries
DLSA Gadchiroli 103 (JJB, CWC, WCD, OH Superintendent, Probation Officer, Child/Juvenile Welfare Officer, SJPU, Legal Aid Lawyers of JJB, NGOs)
Facilitated & conducted by RCJJ.
21st Sept 2013 TARUNYACHYA UMBERTTHYAVAR (Issues & Concern in Adolescent Age -CSA)
Municipal School 60 Girl Students in Budhavara School, Amravati Mahanagar Palika
RP
7th Oct 2013 Indian Criminal Justice System
Savitri Jotirao Social Work College, Yavatmal
78 Student Social Worker’s RP
19th Oct 2013 Child Rights & JJ Act Police Inspector, Frezarpura, Amravati
35 Police Personnel in Frezarpura PS, Amravati RP
19th Oct, 2013 Juvenile Justice Act. Maharashtra Judicial Academy & Indian Mediation Centre & Training Institute
Orientation program for the newly promoted District Judges & Ad-hoc District Judges
RP.
25th Oct, 2013 JJ Act DLSA Yavatmal 63 empanelled advocates across Yavatmal RP
20th Nov, 2013
Child Rights & JJ Act Child Line Yavatmal 72 Mix allied System for Children (Health, Education, SJPU, WCD, Child Labour Dept)
Training
6th Feb, 2014 Child Rights & Protection with special focus on CSA
Municipal Corporation, Amravati
45 teachers of Municipal Corporation, holding responsibility of MEENA-RAJU MANCH (SARVA SHIKSHA ABHIYAN)
RP
22nd Feb, Youth Involvement in Student Welfare Cell Mixed group of 65 college students (11, 12th RPs
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2014 Crime in Shivaji Science College, Amravati
Standard)
23rd Feb 2014 Child Victim & Laws available for protection
DLSA Nagpur Mixed group of 85 participants ( Judiciary, JJB, CWC, Police, WCD, NGOs)
RP
8th March 2014
Training programme on Womens Right in Nagpur HC
All India Lady Lawyers Federation, Nagpur
80 mixed group participants including Judiciary, Police, NGOs, DLSA, Law students in Nagpur district
RP
24th- 25th March 2014
Child Rights, JJ Act & POCSO Act
Maharashtra Police Academy, Nashik
180 Trainee Sub Inspectors & 32 Dy-SPs RP
29th March 2013
TARUNYACHYA UMBERTTHYAVAR (Issues & Concern in adolescent Age & Concept of Child Sexual Abuse)
MEENA- RAJU Manch, Wadali Municipal School
45 Adolescent Girl Students of WADALI School RP
3rd August 2013
Effective implementation of JJA, 2000 and scope for networking
MSCRC & World Vision India
100 police officers, DWCD officers and CWC members
RP
6th August 2013
Children & Prison APCCA and Centre for Criminology and Justice
30 prison officers from southern states of India RP
17th August 2013
Rights of the JCLs & Role of Police under the JJA, 2000
Thane SJPU 100 Thane Police representatives from 60 police stations
RP
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24th August 2013
Role of Police under the JJA, 2000
Mumbai DLSA 100 Mumbai SJPU, Hawaldars, DWCD officers RP
30th August 2013
Role of police under JJA, 2000
KhandalaPolice Academy
800 police cadets at constable level RP
7th Sept 2013
Role of police under JJA, 2000
Mumbai Railway Police Force
50-60 Raigad, Thane and Mumbai Railway Police representatives
RP
14th Sept 2013
Children related laws & safeguards to social workers while working in the system
Apne Aap Women’s Collective
17 staff members of the organisation RP
24th Sept 2013 Child Rights & Laws: understanding the JJS
Marol Police Academy 1200 police cadets at constable level RP
5th Oct 2013
‘Children and Prison: Voices from the Field’
APCA and Centre for Criminology & Justice
Prison Officers from 3 southern states of India RP
10th December 2013
Awareness session on Juvenile Delinquency, love affairs, human reproductive system
Aaudh Nirman School 100 school boys and girls from 8th, 9th std and teachers
RP
18th March 2014 to 26th March 2014
JJA, 2000, POCSO, 2012 and its implementation by the police
Maharashtra/ Nasik Police Academy
1200 cadets at sub inspector level and 16 cadets at Dy. S.P. level
RP
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Documentation/ Articles/ Involvement of/ with Media –
• Participated in a talk show on IBN Lokmat Marathi news channel on Delhi rape case and age of the juveniles in conflict with the law: on 2nd Sept 2013 RCJJ was called to talk on their experiences and opinions with the JCL. Speakers from political parties, lawyers and journalists participated in the one-hour talk show.
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Forums, Paper Presentations, Panel Discussions-
• Chaired a Panel discussion on age of the juvenile at TISS for Mumbai Police. The panel opined to keep the age of the juvenile 18 and use the JJA more efficiently and effectively to control the crime.
• In Aug 2013, RCJJ was invited as a member of panel of Mahalokadalat in MTNL cases resolution
• On 16 Nov 13 RCJJ was invited as guest speaker at IPH thane for movie discussion on children in distress and role of society in children’s development
• On 23 Nov 2013 RCJJ participated in the Pre-mediation in National Lok Adalat
• RCJJ was invited as judge for the Model Indian Parliament Session conducted by Rotary Club Of Thane Skyline And VPM’s TMC Law College on 27th Jan 2014 for law Students.
• Participated in Panel Discussion on “Mental Health of institutionalized JCLs: constraints and Dilemmas” at SAARC Seminar, Delhi on 15th March 2014
• RCJJ Project Officer Nominated by WCD Yavatmal for participation in YASHADA TOT (Training of Trainers) programme (23 Feb to 28Feb) on Child Rights in Pune
• Panel Discussion on working with institutionalised children at TISS conducted by Centre for Criminology & Justice, School of Social Work, TISS on 25th march 2014
• Paper prepared on “ Mental Health practices in children Institutions in Maharashtra with special focus on government institutions in the districts of Thane, Yavatmal, Mumbai, Pune and Nasik” at SAARC Seminar, Delhi on 15th March 2014.
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Future Plans:
• Ngo Discussion Forum: to be initiated for NGO representatives in Mumbai and Thane for knowledge sharing and capacity building
• Preparing a documentary on obstacles by system in the rehabilitation of the JCLs : experiences of the children, parents and social workers
• Study of status of Borstal School at Nasik: RCJJ team visited the borstal school Nasik to understand the present status of the services and beneficiaries of the school. After due understanding the report was drafted and the team opined that the borstal school shall not be used for the juveniles but shall be extensively used only for young offenders under CJS. RCJJ is also planning to look into the amendments in the Borstal School Act.
• Study of status of the final orders of Group Counselling and Community Service in Maharashtra”
• Study of Serious Offences (Murder and Rape) by Juvenile in Maharashtra
• SOP implementation & National Level Consultation on the same
• RCJJ was approached by the Women and Child Development Department of Government of Odissha and is in collaboration with the ICPS team there conducting a research study on Study of the status of the working of the Justice Delivery System for the Juveniles in Conflict with Law ( JCL) in Odissha. The process of the research study has begun.
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Some Statistical Highlights Since 2009 RCJJ, experimented with the concept of Help desk program in the two districts of Yavatmal and Thane for providing socio- legal assistance for JCL’s. 1. The systematic work of RCJJ with the JJB and other stakeholders (like police, probation officers, Bombay HC) contributed in the strengthening of the systems and in turn reducing the pendency of cases in Thane from 3500 in 2009 to 1700 in 2014 and in Yavatmal from 721 in 2009 to 237 in 2013.
2. In all 2164 people (juveniles, their parents / guardians) have approached help desk across Thane and Yavatmal. RCJJ has been able to meaningfully engage with 1188 children 3. During the period of 2010-2014, RCJJ helped facilitate 181 final orders and 178 bail cases of children in Thane and Yavatmal.
4. Since 2010-2014, 46 children were supported for vocational training by RCJJ. In the 2013, two boys at Yavatmal were motivated to pursue vocational training in construction which was conducted by an NGO Pratham. Three boys took up MS-CIT (Maharashtra State Certificate in Information Technology) and one girl took up a tailoring course. In all the four cases, RCJJ provided partial financial aid to assist in their rehabilitation process.
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Loksatta- 22nd March 2013
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RCJJ TEAM
Dr. Ruchi Sinha Project Director - RCJJ
Associate Professor – CCJ
Dr. K.P. Asha Mukundan Project Director - RCJJ
Assistant Professor - CCJ
Ms. Jyoti Mhatre Khandpasole Project Officer
Ms. Madhu Madhavan
Project Officer
Ms. Natasha Khade Project Officer
Ms. Vibhavari Kavle
Project Officer
Mr. Vijay Doiphode Social Worker
Mr. Devendra Rajurkar
Social Worker
Mr. Sooraj Rameshan Administrative Assistant
Mr. Manish Nair
Administrative Assistant
RCJJ contact details: Mumbai Office:
V.N. Purav Marg, Deonar, Mumbai 400 088. Tel.: +91 22 2552 5454/ 5459 • Fax: +91 22 2552 5050
E: [email protected] Yavatmal Office:
Teacher Colony, Near L.S.C Colony, Post Rukhmini Nagar, Amravati 444 606. Tel.: +91 9766332169 E: [email protected]
