New Delhi 27: Asian Centre for Human Rights (ACHR) while releasing its
report “State of Juvenile Justice in Mizoram”
(http://www.achrweb.org/reports/india/JJ-Mizoram-2013.pdf) today stated
that there is an alarming increase in child abuse as well as juvenile
delinquency in Mizoram but the state government is not sincere in the
implementation of the Juvenile Justice (Care and Protection of Children)
Act of 2000. Although the Juvenile Justice (Care and Protection of
Children) Act has been enacted more than a decade ago, the statutory
support services namely the Juvenile Justice Boards and the Child Welfare
Committees in Mizoram have been set up in all the eight districts only
during 2010-11.
Sexual abuse of children remains high. A study commissioned by the Social
Welfare Department of Mizoram government and released in October 2012
recorded 630 cases of child sexual abuse during the period of 2003 to
2009.
It is clear that children are not safe anywhere in the state as most cases
of child sexual abuse were committed by relatives, friends and teachers of
the victims.
Juvenile delinquency remains equally high. During the last decade from
2002 to 2011, the National Crime Records Bureau under the Ministry of Home
Affairs recorded a total of 1,699 cases of “juvenile delinquency” in
Mizoram. These include 1,258 cases registered under the Indian Penal Code
and 441 cases under the Special and Local Laws.
“Mizoram has failed miserably in providing institutional care. The lack of
separate Special Home and the poor facilities in the existing Observation
Home-cum-Special Homes at Aizawl and Lunglei, overcrowding, lack of
segregation of the juveniles on the basis of the nature of their crimes
severely undermine the Juvenile Justice (Care and Protection of Children)
Act”, stated Suhas Chakma, Director of Asian Centre for Human Rights.
The Observation Home-cum-Special Home at Lunglei is overcrowded and
facilities are poor. The Home has a capacity to house only 10 inmates
(boys only). The Officer-in-Charge took the initiative of adding 4 extra
beds for the inmates as sometimes number of inmate increases beyond the
capacity. However, many a times the inmates exceeded 14 and in such
situations the inmates had to sleep on the floor. Ironically, Mizoram
government has failed to utilize the grants under Integrated Child
Protection Scheme (ICPS) provided by the Ministry of Women and Child
Development. On 6 July 2012, Mizoram informed the Project Approval Board
under ICPS that Rs 75.25 lakhs was lying unspent from the grants of
2011-12. Further, the State government informed that it had received
construction grant for 2 Government Homes in 2011 but this grant was still
unutilized.
There are 28 recognized Children Homes in Mizoram and almost all of them
are either privately owned or run by faith based organizations. As
majority of the Children Homes are run through charity and children are
admitted without the consent of the Child Welfare Committees, the lack of
supervision by the state government is responsible for poor conditions of
the Children Homes. The First Step Children Home, Aizawl is inhospitable
for small children and the Home’s authorities have decided to close it
down but the state government is yet to take a decision about it.
Children are subjected to abuse and torture in many of the Homes. On 13
July 2009, a 13-year-old child identified as Lalnunpuia, son of Rinsanga
of Chaltlang Lily in Aizawl, was beaten to death by the officials at the
Herald for Christ’s Children Home, a government recognized Children Home
at Lungleng, about 15 kms north of Aizawl.
“The NHRC has awarded compensation of Rs 300,000 to the mother of
Lalnunpuia based on the complaint filed by Asian Centre for Human Rights
(http://www.nhrc.nic.in/display.asp) but the particular murder shows the
violence against children who require the outmost care”- further stated Mr
Chakma.
Asian Centre for Human Rights recommended to the Mizoram government to
establish the new Special and Observation Homes sanctioned by the Ministry
of Women and Child Development in the districts not having such homes;
separate the Observation Homes and Special Homes at Aizawl and Lunglei;
ensure judicial utilization of funds within the financial year; implement
the recommendations made by the PAB under ICPS to establish more
Observation Homes, Special Homes, Children Homes, and Shelter Homes and
improve facilities at the Homes; ensure segregation of juveniles and
children as per age and nature of offences; provide educational and
vocational training facilities both within and outside the Homes and tie
up with vocational training institutes; appoint adequate number of staff,
including the Warden at the Observation Home-Cum-Special Home at Aizawl,
and staff at three Shelter Homes at Aizawl, Mamit and Champhai; improve
the functioning of the JJBs and CWCs through proper selection of the
members and imparting adequate training; reduce the number of pendency
cases both at JJBs and CWCs by increasing the number of sittings; and
ensure regular inspections including surprise visits to all the juvenile
justice and care institutions, whether run by government or private
entities. (SP News)
