- (1.) TODAY an additional report has been filed by the learned Advocate General on the basis of the report, submitted by the Members of the Committee. First report has already been filed before this Court giving various suggestions. Now in this additional report it is stated that the learned Advocate General had a discussion with Mr. Rajeev Agrawal, Director Social Welfare, Jharkhand, Sri D.K. Saxena, Special Secretary, Social Welfare, Jharkhand, Sri D.K. Vidyarthi, Assistant Inspector General of Prison and they decided to make various suggestions.
(2.) APART from that, Para -7 of the first report the Advocate General has given various suggestions. So, on the basis of these suggestions, the Advocate General requests this Court to pass a suitable order so that the Officials concerned should comply the said directions. Accordingly, the following directions are being issued: (i) The new Observation Home being constructed at Chaibasa should be completed in a time bound manner with adequate facility for Court rooms for Juvenile Justice Board and also for Conciliation Room etc. The new Observation Home must be constructed with all amenities as far as possible because in the existing Observation Home neither appropriate facilities are available nor there is enough space to accommodate inmates, The time frame to complete the aforesaid would be 3 -4 months. (ii) Suitable/necessary structural changes should be made in eleven windows of the existing Chaibasa Observation/Probation Homes so that the doors of those 11 windows can be opened and those windows are not kept shut for 24 hours, as mentioned in para -4 of the Inspection Report. The time frame for the aforesaid work would be of 15 days. (iii) It has been reported that there is abnormal delay in getting the "Age Assessment Report" from the Medical Board whenever the inmates are sent by the order of the Juvenile Justice Board for their age assessment. Civil Surgeon -cum -Chief Medical Officers of Ranchi, Dhanbad, Hazaribagh, Singhbhum East, Singhbhum West, Deoghar and Dumka are directed to see that the "Age Assessment Reports" be immediately sent to the Juvenile Justice Board whenever any inmate is referred for the age assessment. We have already issued directions on 15.1.2007 with reference to the time within which the "Medical Assessment Certificates" is to be issued, so the same should be followed. After medical examination, the Certificates must be given within three days and not later than one week. (iv) In all the Observation/Probation Homes, there should be facilities of Telephone and the Administrative Department should ensure the same. So all the Observation/Probation Homes must be provided with a Landline Telephone without any further delay. (v) It is noticed that in most of the Observation Homes, several sanctioned posts are vacant due to which various difficulties are created. The Administrative Department is directed to fill up all sanctioned vacant posts of the Observation/Probation Homes within a period of three months. (vi) Sweepers and Cooks in the Observation Homes are being arrange on a casual basis. Therefore, it is directed that in all the Observation/Probation Homes the permanent Sweepers and Cooks should be appointed within three months. (vii) For providing and/or improving the diet to the inmates, the authority should keep a Log Book Register to record the menu for each date. The menu of the whole week should be prepared in advance and the inmates should be informed about the same. The time frame for the aforesaid work would be 15 days. With regard to the daily food supply, a Special Register should be maintained. (viii) Maintenance/Repair of the Observation Homes should be done on regular basis so that broken doors, electrical equipments, wash basins, taps in toilet as well as in the bathrooms etc. are kept functioning. (ix) Juvenile Justice Boards should make sincere efforts for quick disposal of the cases. It must be disposed of within three months and if it is not disposed of within three months then they must report to the concerned District and Sessions Judge. (x) The Administrative Department and the Building Department of the State of Jharkhand should install Lightening Arrester with proper earthing in each Probation/Observations Homes. (xi) Arrears of Honorarium to the Members of the Juvenile Justice Board should be paid immediately by the Administrative Department and current honorarium should be paid on monthly basis. (xii) The District Magistrate and the Civil Surgeon -cum -Chief Medical Officer should inspect the Observation Homes every months and they shall hold a joint meeting and submit their report to the Administrative Department with a copy to the Advocate General for the needful. Apart from the above twelve directions, were are giving some more directions as has been suggested in the additional report, submitted by the learned Advocate General. (i) Vocational Training -cum -Production center be established so that the inmates are gainfully employed. (ii) Teachers as well as Music Teacher be deputed from Jharkhand Siksha Pariyojna in all the Observation/Probation Homes. (iii) Inmates in conflict with law and destitute in Women Probation Home, Nam -kum, Ranchi be separated. (iv) There must be appointment/deputation of Counsellors/Psychiatrists in all the Observation/Probation Homes. (v) Legal Aid must be provided to the inmates in conflict with law from JHALSA/DASLA. (vi) We also direct for monthly submission of status report of cases pending trial before Juvenile Justice Board to concerned district Judge/Advocate General for ensuring expeditious disposal.
(3.) AS per the directions of the Chief Secretary, Jharkhand, dated 8.7.2007 various suggestions have been given to the Official concerned, which are as follows: 1. Drawing up the case sheet for each inmate indicating personal information, circumstances in which they were brought to the Home, the related Court case details, if any, against the inmate and the road map for the individual's rehabilitation etc. which may include need for education, need for training so that when they leave the place they have the capacity to stand on their own feet. The individual case sheets will be drawn up by a team coordinated by Shri D.K. Saxena with Shri Sunil Burnwal, AIG, Prisons, Secretary Labours nominee and Secretary JHALSA's nominee as Members. 2. Providing facilities for vocational training preferably at the campus itself, providing toys and books like Amarchitrakatha; books published by the Geeta Press, Gorakhpur and other books which enhance and enrich personality. 3. Providing football etc. so that they can play within the campus. Here the security aspect should be kept in mind as the football can go out of the campus very often. In case it is felt that football should not be provided then table tennis facilities and more badminton rackets, shuttle cocks etc. should be provided so that they have adequate physical activity. Constructing a Slip Jhula should also be considered if safety and security aspects permit. 4. At present the Television provided in the Home has local channel only. There has been a demand for providing other channels also, This may be looked into and the channels which are not desirable to be shown should be blocked. There is technology available to block such channels. 5. Secretary, Jhalsa's nominee should be associated while drawing up the road map as to the legal aspects of each and every case so that the same are handled accordingly and effectively. 6. As discussed at the Home, photographs and details of children who had got lost and have been kept in the Home and the circumstances in which they were found be published continuously in the Newspapers brought out at the places/State about which they talk/mention or to which their parents/relations belong. 7. I.G. Prisons would ensure that fund allotment goes there on a regular and timely basis. I.G. prisons will also ensure that they have a good changing menu as the inmates complained that very often they were getting the same items even on the immediate subsequent day. 8. Home Secretary/Principal Secretary, Social Welfare is directed to get adequate number of posts created for running the place smoothly and also look into the case of those individuals who are working there on daily wage basis for regularization. They are also directed to work out arrangements for regular outings for inmates within the legal frame work and also taking into account safety and security needs. ;