BASIC FORMALITIES
At the entry gate of the observation home, we had to sign in to confirm our presence. Photography was prohibited and punishable, so we refrained from taking pictures there.
INSIDE REALITY
We observed the rooms designated for juveniles. The rooms, with their beds, appeared staged, as if prepared for our visit, giving the impression that everything was in order. The curtains seemed recently hung. Each room accommodated 8-10 beds, with two rooms designated for sleeping.
Children aged 7 to 18 who have violated laws are placed in an observation home. The children are categorized into three age groups: 7 to 12, 12 to 16, and 16 to 18. However, those aged 16 to 18 who have committed heinous crimes can also be placed directly into a 'place of safety,' an organization nearby. These children, referred to as 'children in conflict with the law' or 'juveniles in conflict with the law,' are not labeled as criminals or offenders.
They are presented before the Kishore Nyaya board by the police. The board comprises a principal magistrate from the judicial department and two members from the social sector, with at least one female member. Based on the board's decision, they are either returned to their parents, placed in the observation home, or handled accordingly. The majority decision prevails. These children are under trial and reside here temporarily until they receive bail. Upon bail, they are returned to their parents. If a child is proven guilty in the future, the primary aim of the home is to reform the child. The board has the authority to hand over the child to the parents for reformative measures, assign community service, provide counseling, or transfer them to special homes if necessary. The decision is made in the best interest of the child; it's not a judgment but an order.
In Madhya Pradesh, observation homes for girls are located only in Vidisha and Shahdol. Home guards or caretakers oversee the children at night to prevent conflicts. Aggressive children are accommodated separately. If a minor in the observation home reaches adulthood without obtaining bail, they are transferred to a place of safety. Observation homes, special homes, and places of safety fall under the Women and Child Development Department. Children undergo inquiry, not trial. Inquiring about a child's identity is prohibited and punishable by a fine of up to 2 lakh and imprisonment for six months. During our visit, we also engaged with the children, discussing their needs and facilities.
They had created a drawing page with a heart and leaf, which was present on both days of our visit. Isn't it strange? Comment your opinions below!
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ABOUT THE AUTHOR
I'm Priyanshu Dhoke, a first-year student pursuing B.Sc LL.B. at the National Forensic Science University. With a passion for law and a keen interest in staying updated with legal developments, this blog serves as a platform to share legal updates, discuss landmark judgments, and reflect on my internship experiences.
I have participated in one prestigious national moot court competition to improve my research and argumentation skills. Additionally, I have completed one internship to gain practical knowledge. I have also volunteered in intra-moot competitions, international conferences, etc. I'm proficient in Microsoft Office, C/C++ programming languages, and MySQL for efficient tasks.
ABOUT THE BLOG
During my DLSA internship, we visited the observation home. This blog offers a glimpse of that experience.
ABOUT SLFJPS/NFSU
Established by the Government of Gujarat in 2008 through Act 17 passed in the Gujarat Legislative Assembly on 30 September 2008, the Gujarat Forensic Science University was upgraded to the National Forensic Sciences University in October 2020. It is recognized as an Institution of National Importance under the Ministry of Home Affairs (MHA), Government of India, by an act of the Indian Parliament. As of April 2023, the university has 9 campuses across India and 1 campus in Uganda.
The School of Law, Forensic Justice, and Policy Studies under the National Forensic Sciences University are established with the aim of imparting professional education with a special focus on forensic application in all allied areas of law and policy framework.
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CONTACT ME
Email: priyanshudhoke@gmail.com
Instagram handle: Priyanshuez
LinkedIn handle: https://www.linkedin.com/in/priyanshudhoke7?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=android_app
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I completely agree with you. I have experienced the same thing during my internship. They often showcase the positive aspects, but the reality may be quite different. And yes, we cannot inquire about the children's identities; it is prohibited and punishable with a fine of up to 2 lakh rupees and imprisonment for six months.
ReplyDeleteVery well written
ReplyDeleteI believe there is a need to further improve the situations of such shelter homes.
ReplyDelete