Poor state of juvenile justice in Assam: ACHR

The latest report by ACHR claims that the state had recorded 405 such cases in 2011

PTI | February 12, 2013



Assam has reported the highest number of cases of juvenile delinquency in the Northeast consistently for the last few years, according to a human rights watch group.

The Asian Centre for Human Rights (ACHR) in its latest study report claimed that the state had recorded 405 such cases in 2011.

Of the 405 cases, 402 fall under the Indian Penal Code and three under the Special & Local Laws, as per the latest report of the ACHR titled "Assam: The State of Juvenile Justice".

"Assam's negligence of juvenile justice is astounding. It failed to set up seven new Open Shelters during 2011 despite availability of funds under the Integrated Child Protection Scheme of the Ministry of Women and Child Development," ACHR director Suhas Chakma said over phone from New Delhi.

He said that on account of this failure to open new centres, the Project Approval Board of the Ministry of Women and Child Development had declined to accept the request for grants for three existing Open Shelters.

The report noted that the administration of juvenile justice in Assam remained equally deplorable.

"There is an acute shortage of homes for juveniles in conflict with the law as well as children in need of care and protection," the ACHR report said.

Assam has only three children's homes and four observation homes run by the state to cater to 27 districts.

The observation home, set up in Jorhat back in 1987, caters to 11 districts in Upper and Central Assam. Trafficking-prone districts like Dhubri, Kokrajhar, Baksa, Chirang and Bongaigaon do not have such homes at all.

There is no such home either in other conflict areas like the districts of Karbi Anglong and Dima Hasao, ACHR said. While there are Juvenile Justice Boards (JJBs) in all 27 districts of Assam, ACHR said there are problems regarding their functioning.

There are a large number of pending cases, including 100 per cent in Dhemaji and Morigaon districts, followed by 90.2 per cent in Goalpara and 79.3 per cent in Darrang.

"The Juvenile Justice Act provides for penalties and punishment to perpetrators accused of cruelty and exploitation of the juveniles. Information obtained by ACHR under the RTI revealed that none of these protective provisions of the Act has been enforced in most districts of Assam," he said.

Chakma said besides setting up observation homes and special homes in all districts, there is a need to strengthen infrastructure at such places, increase sittings of the Juvenile Justice Boards, having regular review of cases, proper enforcement of Acts and establishing inspection committees at district and local levels.

The ACHR director said the situation reflected a collective failure on the part of the state government, the judicial system and the police.

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