The one-man committee headed by retired High Court judge K Chandru, which was constituted by the government to analyse the working of homes under the Juvenile Justice Act in Tamil Nadu, submitted its report on Tuesday, November 14. The committee, in its 490-page report, has put forth several recommendations for inmate management, infrastructure development, and overall monitoring of the homes.
One of the main recommendations is to bifurcate the Directorate of Social Defence to form the Department of Special Services (DSS) to take care of Children in Conflict with Law (CCL). It has also been recommended to ensure adequate nutrition and recreation facilities and put an end to the practice of giving preference to ex-inmates as security guards and gatekeepers.
Here is everything to know about the committee and its recommendations:
When was the committee formed?
On December 31, 2022, 17-year-old Gokul Sree, a juvenile in conflict with the law, was brought to the Chengalpattu juvenile home after he was apprehended by the Tambaram Railway Police for allegedly trying to steal batteries from the Railway department. The same night, his mother was informed that he had died of food poisoning. Finding this odd, she filed a complaint, following which the Chengalpattu city police conducted an investigation which revealed that the boy died after being hit with a single weapon. Following this, several NGOs also demanded action against those responsible for the child’s death. Subsequently, the six officers who were in charge of the government observation home were arrested.
Chief Minister MK Stalin then announced the formation of a committee to look into the working of homes under the JJ Act in Tamil Nadu and suggest ways to improve their efficiency. On April 14, the Social Welfare and Women Empowerment Department announced Justice Chandru as the head and member of the one-man committee. The committee was also given ten frames of reference to be looked into, including studying the existing procedures and practices followed in the homes with respect to admission, internment, and discharge of inmates; assessing existing infrastructure and amenities; reviewing the requirement and qualification of officers and staff employed in the homes; and any other recommendation the committee may deem required. Justice Chandru travelled to several juvenile homes, held consultations with stakeholders, and received suggestions from the public and others, including psychiatrists and psychologists.
TNM and Newslaundry are ready to take you on a journey through the polls in Telangana, Mizoram, MP, Chhattisgarh, and Rajasthan, because we're stronger together. Click here to power our ground reports.
Recommendations by the committee
Separate Directorate
> The committee has recommended the immediate bifurcation of the Directorate of Social Defense. While the Directorate of Social Defense will continue to have governance over the Child Care Institutions (CCIs) meant for care and protection, the CCIs meant for Children in Conflict with Law (CCL) will be operated by the new directorate which will be named as ‘Department of Special Services’ (DSS).
> The head of the department will be an IAS-level Director, who is committed to the cause of child welfare, and whose tenure would be a minimum period of three years. The director can have two Deputy Directors; one in charge of administration at the Headquarters and the other in charge of all the Homes. The Deputy Director (Homes) must periodically visit every Home and send reports to the Directorate.
> The affairs of the Homes should be monitored on a daily basis by the Directorate by creating a special monitoring room.
> The committee has strongly recommended against the practice of recruiting alleged ex-inmates as employees, and cited only qualified persons must be recruited after following proper recruitment rules. The existing rules for service must be revamped and new Special Rules prescribing Qualifications and Aptitude required must be made.
> The recruited persons should also be trained adequately. A Training Academy should be established by the Department to impart continuous training and orientation to the staff appointed to manage the Homes meant for CCLs. Special curriculum should be evolved and must be updated and the staff also should be sent for training from time to time to keep abreast of the changes in law and approach.
Infrastructure and Staffing
> The committee recommended completely pulling down the existing structure of homes and building new homes that will not look like a prison or jail.
> There should be at least one Home for each Revenue district.
> Each Home should have a Superintendent, an Assistant Superintendent, and a medical doctor (either full-time or part-time).
> The committee recommended creating the post of a full-time psychologist for each Home and appointing qualified counsellors on a regular basis and not on an ad hoc basis.
> The existing guards and watchmen are asked to be sent to other departments and post Tamil Nadu Special Armed Police instead. The policemen should not possess any arms and they should be in plain clothes or a white uniform. They should be trained in martial arts and self-defence. The police should also undergo an orientation programme to make them familiar with the provisions of the JJ Act, Rules, and Regulations.
Admission into a home
> The admission of CCLs should be done after a medical checkup.
> The committee has recommended strict segregation of children inside the homes into two groups: 13 to 16 year olds as one group and 16 to 18-year-olds as another group. The groups should also be segregated based on the offences allegedly committed such as petty, serious, or heinous.
> CCL detention facilities should adopt specialized drug abuse prevention and rehabilitation programmes administered by qualified personnel, and medicines can be administered for necessary treatment. Whenever possible, this should be done after obtaining the informed consent of the concerned CCL.
> There must be a de-addiction centre for each Home and if any child is found with any drug-related problem at the time of admission, they should be immediately sent for a de-addiction treatment.
Other recommendations
> The food supply for the home should be regulated, and adolescent children should be given nutritious and balanced meals in higher quantities. The weekly menu of the food supplied should be prepared in consultation with a child nutrition specialist.
> The children must be supplied with cots for sleeping, along with a mattress and bed sheets including pillows. The complaints of mosquito menace in the homes should be eradicated and the windows and doors must be fitted with mosquito nets or children should be given mosquito nets on their beds, if necessary.
> Potable and usable water should be supplied to the children.
> Western toilets should be allowed.
> Washing machines should be provided for washing their clothes. The committee has suggested that a washing assistant be appointed to help the children clean and dry their clothes.
> The children should be given adequate recreation facilities and should not be confined to their rooms on a 24 x 7 hours basis. They must be allowed to play in an open or closed ground and there must be a library for them with printed, audio, and video books, as well as newspapers.