JUVENILE JUSTICE ACT

          Juvenile Justice Act 2000 is a central Act enacted for the care, protection. development and rehabilitation of children in need of care and protection and juveniles in conflict with  law . There are 6 Juvenile Homes, 14 observation homes, one Balasadanam (certified as Juvenile Home) and 2 Special Homes are functioning in the State. The Act seeks to achieve a uniform legal frame work for Juvenile Justice in the country as a whole so as to ensure that no child in any circumstances is lodged in Jail or police lock-up.        Juvenile Justice Act envisages a new approach towards proper rehabilitation of children in need of care and protection.  Institutionalization is the last resort in the case of juveniles.  The inmates of the institutions are to be de-institutionalized and admitted to normal English medium residential school by paying tuition, boarding and lodging fee. 

          The juvenile home, observation homes need modification for security purposes.  The observation homes are now lacking compound walls.  The inmates of the institution are imparted computer-training.   The existing training modules for vocational training are out of date; it is proposed to modernize the system by providing computers and modern facilities.

          The new Juvenile Justice (Care & Protection of Children) Act 2000 envisages care and protection of all children including neglected,  orphaned, disabled, abandoned and destitute etc.  At present the food, clothing, bedding and contingency charges are being met under this scheme.  The existing grant @ Rs.300/- per inmate per month was enhanced by State and Central government @ Rs.500/- and the expenditure will be met on  50:50 basis by State and Central Government. 

         Juvenile Justice Board and child welfare committee hold the meeting in observation Homes in the Districts  where children’s home are not functioning.  Besides the JJB/CWC members, Juvenile Parents, legal counsels, DPO’s and other department staff attend the meeting. 

The activities under the scheme are de-institutionalization of inmates, repairs and renovation of juvenile home and special home, purchase of television, sports materials, library books, furniture, utensils, grinder, LPG installation of juvenile justice institutions, repairs and maintenance of observation homes, Government  sponsorship programme for higher studies, Entertainment and cultural programmes to inmates, Special tuition of children of juvenile homes and strengthening of vocational training institutions attached along with J.J. Institutions. Re-socialization and re-integration into the community is one of the major objections of these institutions.  We introduce residential accommodation and education to well behaved children of this  institutions.

DE-INSTITUTIONALIZATION AND COMMUNITY REHABILITATION OF FIRST TIME, YOUNG AND SHORT TERM PRISONERS, COMING UNDER THE PREVIEW OF PROBATION OF  OFFENDERS ACT.

             There are large number of young, fist time and short term prisoners ending up in jails, though they are eligible for community treatment under the provision of Probation of Offenders Act 1958.  The Probation Offenders Act provides for admonition and release on probation of offenders.  There is also limitation for sending a person below 21 years to prison under section 6 of the Act.  But from the present statistics it is seen that about 24 % of the jail population belongs to either young offenders or first time offenders or those who have convicted for one year or less.  This type of imprisonment does not serve any purpose either for the prisons or for the community.  More over it causes damages to the self esteem of the offender.  It also affects badly the family of the prisoners.   Changes of bad association while in prison with hard core criminals are high.  The state has to spend about Rs.700 per day for keeping a person in prison.  By applying probation for eligible prisoners and treating them in the community it will cost only 70 rupees/head/day, Thus the Govt. can save much needed resources by promoting probation system. 

            These number of prisoners are eligible for release on probation under the P.O. Act for community treatment..  This loss can be presented only on the even t of effective implementation of P.O. Act. 

            To integrate the probation service in the state, the following activities are proposed during the eleventh plan.

Training on probation to Judicial officers

            Even though probation of offenders Act has come into force in 1958, the probation system has not been developed in the state.  Majority of the eligible categories are still away from the benefit of the act.  As a result many young and first offenders are being sent to prisons which result in huge financial commitment to the state government.  Hence Probation system has to be implemented and developed effectively.  The training programme has to be organized to the judicial officers with the permission of the  Hon’ble High court.  A similar training  programme on J.J. Act & Rules organized by the Social Welfare Department has created a great disposal of impact and resulted in all pending cases against children.  Support from National Judicial Academy Bhopal as well as state judicial Academy can be ensured for the programme as has been done in the training programme on J.J. Act.

            Central Juvenile Justice Act of 2000 was enacted to rehabilitate children below 18 years who are in conflict with law and who need care and protection under JJ Act. For providing rehabilitation, care and protection to these children following are the provisions under Juvenile Justice Act. As part of implementing the Central Juvenile Justice law in the State Juvenile Justice Rules of Kerala was published in the year 2003.

1.      Juvenile Justice Board

2.      Child Welfare Committee

3.      Juvenile Police unit

4.      Juvenile Probation service

5.      Juvenile Justice Institutions

6.      Adoption foster care sponsorship programme

Juvenile Justice Board

            Inorder to settle the issues of children who are in conflict with law Juvenile Justice Boards have been set up in in 9 districts. Juvenile Justice Boards have to be set up in Kollam, Idukki, Ernakulam, Trissur and Kozhikode districts and Child Welfare Committees are to be set up in 14 districts.

Juvenile Police Units

             District Level Juvenile Police Units have been formed under the Crime Detachment D.Y.S.P

Juvenile Probation service

        In order to settle the Juvenile cases Special Probation Officers are appointed in Trivandrum, Ernakulam and Trissur districts. In other districts juvenile cases are handled by Probation Officers who are appointed in accordance with the Probation of Offenders Act . In Kerala there are 38 District Probation Officers Gr.I and 21 District Probation Officers Gr.II.

Programme Development and Monitoring Cell – Major functions.

        The PDM Cell was established in 1998 with functions like implementation and monitoring JJ Act, developing UNICEF assisted programme, their implementation and monitoring, organization of seminars/workshops/orientation training, policy development and programme formulation for all categories of children developing integrated programme for rehabilitation of women in distress, providing help line, monitoring and implementation of child right conventions and extending child line services to major cities.

Objectives:

1.  Conducting programme for street children.

2. Setting up of regional level training center

3. Computer installation in JJ institutions

4. Setting up of child line in 9 districts

The Government of India has published the new juvenile justice (care and protection of children) Act,2000 w.e.f.1/4/2003 and its State Rules have been published on 4/8/2003.  As part of the implementation of J.J. Act the Department is organising various training/awareness programmes on J.J.Act and CRC Programmes for street children, programme for trafficking and commercial sexual exploitation of children, rehabilitation  measures  /continuing education for Juvenile probationers and ex-pupils etc are other programmes under PDMC. 

Major functions of the Cell are as follows:

1. Implementation and monitoring of J.J.Act.

2. National and state level programmes implementation and monitoring.

3. Developing UNICEF assistance programmes, implementation and monitoring.

4. Policy development and programme formulation for all categories of children, especially children in difficult circumstances – children without family support.

5. Programme development and support to state government for formulation and effective implementation of programmes and services for children.

6. Creation of awareness progrmmes on J.J.Act & CRC.

7. Organization of consultations/seminars/workshop/training.

8. Conducting reviews on implementation of pogrammes by central and state government and NGOs.

9. Training of the functionaries such as judiciary, police, chairman and members of JJ Board, Child Welfare Committee, Staff of JJ Institution Probation Officers, Social Workers and NGO’s

10. Implementation of Street Children Programme

11. Protection of children affected by violence and children affected by cyber crimes

12. Care and protection of children affected by HIV and children of HIV patients

13. Prevention of Child Begging

14. Implementation of child line programmes

15. Rehabilitation of Child Laborers

Institutions under Juvenile Justice  ACT

         After Care Home for the Adolescent Males

        Adolescent males released from Borstal School, Balamandir, Juvenile Homes, Poor Homes, Orphanages on attainment of the age limit shall be admitted.  The boys between 14 years and 21 years are eligible for admission.

All expenses including maintenance, protection, education, rehabilitation etc. will be met by the Government.

         A Suhrit Samithi is also there for the proper functioning of the Institution. One such institution is functioning at Thalassery in Kannur District.  The sanctioned strength of this institution is 100 inmates.

OBSERVATION HOME

         Centre for temporary  reception of children below 18 years who are  in conflict with law and who are involved in crime.  Observation Homes for Boys have been set up in all the districts in Kerala except Iddukki. There is only one Observation Home for Girls that is functioning in Vellimadkunnu in  Kozhikode District.

            At present there are 14 observation homes (13 for boys & 1 for girls) in the State, which were established under the JJ Act. In addition, the Mahila Mandir except Kozhikode is now functioning as special Observation Home for girls as and when required. GOI releases grant for the construction of building, compound wall, provision for water supply, Electrification and related improvement activities like installation of LPG, purchase of furniture, utensils and to meet expenditure incurred in connection with the working of the Juvenile Justice, Board and Child Welfare committees on 50:50 basis with State Government releasing  the matching amount.

JUVENILE HOME

          These institutions are meant for children who are in need of  care and protection under JJ Act. Shelter, food, education, medical care, rehabilitation, developmental opportunities and exposure for socialization/ mainstreaming are the services provided in Juvenile Homes. There are 6 such institutions 5 for boys and one for girls.

Special Home for children

         This is meant for the rehabilitation of children who have involved in crime and when the case is disposed by the Juvenile Justice Board and there is no other provision for their rehabilitation. 2 homes are functioning one in Trivandrum and one in Kozhikode

Balasadan

          This  Home is meant for Destitute Children who are way wards and strays between the age of 4 and 16. Sanctioned number of inmates of these institutions are 100 each.

Children's Home (Nooranad)

       This Home is meant for 50 nos of Non-infected and healthy children of leper patients and destitute children.