Legal Assistance Forum - VISIT TO JUVENILE OBSERVATION HOME, FATASIL AMBARI, GUWAHATI

VISIT TO JUVENILE OBSERVATION HOME, FATASIL AMBARI, GUWAHATI
Date : 20-12-2006

A copy of the report of Doctor M.P.Bajaj is enclosed as Enclosure 1.

It was found that Juvenile Justice Board was not functional as its Principal Magistrate Mr. P. Buragohain was transferred about one month back and no other officer has been appointed in his place. Further we also learned that other members of the Board hardly visit the Juvenile Home nor do they participate in the proceedings of the Board.

The Chief Judicial Magistrate visited the Observation Home on 21.11.2006 and found that the condition of the Home was not satisfactory. Accordingly the Learned Chief Judicial Magistrate wrote a letter dated 23.11.2006 to the Director, Social Welfare Department, Government of Assam making the following recommendation:

Spacious accommodation to the inmates so that they can move and sleep freely inside the room,
Proper food,
Medical facility/ medicine etc. and sufficient light in the rooms as most of the bulbs and tube connection are out of order, as reported by the inmates, and alternative arrangement for lighting during load shedding within one week of receiving this letter.

A copy of the letter of Chief Judicial Magistrate, Guwahati dated 23.11.2006 is also enclosed as Enclosure 2. However, it appears that the State Government has not taken any action on the said report of the learned Chief Judicial Magistrate.

The members of the Forum were informed that the Juvenile Home is likely to be shifted from Guwahati to Boko very soon and all the inmates would be shifted there.

The members of the Forum after taking permission from the Chief Judicial Magistrate, Guwahati inspected all the case records of delinquent Juveniles. The members then met all the delinquent Juveniles at the Observation Home on 30.12.2006 and interacted individually with each child regarding their problems. It has been found that many of the Juveniles are lodged for minor offences and even parents/guardian of such Juveniles have not been informed about the child being kept in the Observation Home. Many of them again do not have legal assistance due to poverty. So also Juveniles of all age group and accused of different offences, irrespective of degree of offences, physical and mental status were kept together contrary to provisions of section 8 and 9 of the Act. List of Juveniles kept at Juvenile Observation Home, Guwahati who require immediate legal help and attention is enclosed as Enclosure-3.

In the aforesaid circumstances, it is requested that the following steps may be taken for improving the conditions of inmates lodged at Juvenile Observation Home, Guwahati:

The measures suggested by the Chief Judicial Magistrate, Guwahati in her letter dated 22.11.2006 be implemented immediately;
The recommendations made by Dr. M.P.Bajaj in his report dated 23.12.2006 be implemented immediately;
Legal aid may be provided to the Juveniles who are not represented by lawyers;
Parents/guardians of the Juveniles lodged be informed immediately about such Juvenile being kept at Juvenile Observation Home, Guwahati under section 13 of the Act;
The construction of Juvenile Observation Home at Boko be completed at the earliest which should have necessary services for rehabilitation and social reintegration of the Juveniles which include basic education and re-socialisation in the spirit of the provision of the Juvenile Justice (Care and Protection of Children) Act, 2002;
Till the Juveniles are shifted to the Juvenile Home being constructed at Boko, proper sanitation facilities may be immediately provided at Juvenile Observation Home, Guwahati.
Juvenile Justice Boards in Assam may be directed to hold special proceedings within the campus of the Juvenile Observation Home to take up minor cases and dispose of the same expeditiously.

Our Forum would be willing to render any assistance required in this regard. We hope that you will surely take the necessary remedial action at the earliest. Thanking You

Yours faithfully
For Legal Assistance Forum

[VIJAY HANSARIA]
President

Copy to:

1. Hon’ble Chairman
Assam Human Rights Commission
Bhangaghar
GUWAHATI-781005

2. Hon’ble Chairman
Assam Legal Services Authority
Gauhati High Court
M.G.Road,
GUWAHATI-781001

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