No ‘place of safety’ for children in conflict with law

October 06, 2016 12:00 am | Updated November 01, 2016 11:17 pm IST - CHENNAI:

Juvenile Justice Act mandates a separate facility to rehabilitate them

Cause for concern:The facility can be established separately or attached to an observation home or a special home.— File photo

Cause for concern:The facility can be established separately or attached to an observation home or a special home.— File photo

A juvenile, found to be in conflict with law, was on Tuesday directed by the principal magistrate of the Juvenile Justice Board to be sent to a ‘place of safety.’ However, he was later ordered to be sent to a Special Home, as there was no such facility available in the State.

“We have directed the Superintendent of a Special Home to make alternative arrangements in the home itself so that the juvenile can stay there till a place of safety is established,” said a member of the Juvenile Justice Board, on condition of anonymity.

According to Section 2 (46) of the Juvenile Justice (Care and Protection of Children Act) 2015, a ‘place of safety’ is any place or institution that accommodates children alleged or found to be in conflict with law, by an order of the Board or the Children’s Court, till they turn 21 years of age. While the place of safety can be established separately or attached to an observation home or a special home, it cannot be a police lock up or a jail.

“The place is necessary to train, rehabilitate and help the juveniles lead a good life outside. Unfortunately there is no such facility set up currently in the State,” said the member.

However, officials from the Department of Social Defence said that the construction of a place of safety is underway. “We will soon be setting up one in Vellore. A sum of Rs. 45 lakh has been allotted for the same,” said a senior official.

However, another member said that this was the constant response from the department. “How many juveniles can we send to a special home? There is not enough space or manpower,” the member said.

Child rights experts said that apart from constructing a place of safety, it is also vital to have well-trained staff. “You cannot simply put up a board on a building and declare it a place of safety. It needs good councillors, wardens,” said Andal Damodaran, president, Indian Council for Child Welfare (ICCW). “What is the point amending the Juvenile Justice Act when it is seldom fulfilled,” she asked.

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