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Consider these cases — all real — except for the names, which have been changed to protect their identity.
* Amar, along with a friend, was brought here three years ago as a co-accused in a case of robbery. He was 16 years old. The friend’s case was decided and his family secured his bail. But Amar is still waiting for justice. He is now 19.
* Two-and-half-years ago, Yakoob, then a little over 16, was brought to this home from Sitapur, along with a few other boys. They had stolen some food from a shop. His friends got released after a year. Yakoob is still here. His family remains untraceable and the police are yet to send a report in his case.
* Sunil, a resident of Rae Bareli, was caught travelling without ticket on a train in Varanasi some three years ago. Now he is 20 years old, but his case has not even come up for hearing.
* These youths are not alone. The Lucknow observation home has 28 inmates who are over-age. Official sources said that in the juvenile homes across the state, there are about 80 inmates, who have turned adults waiting for justice.
Justice delayed is justice denied
Ironically, many have been staying far longer than the maximum punishment they would have merited under the Indian Penal Code. The offences of minors are judged on basis of the Juvenile Justice Act, which takes a compassionate and reformative view.
Juvenile offenders are not sent to jail for two reasons: One, they are children and two, they are not considered criminals. Instead, they are considered “children in conflict with the law who need care and support”.
According to legal provisions, the case of the child entering the observation home should be heard and decided within three months. It could be extended to four months only in unusual circumstances.
If the offence is not serious, he is handed over to his parents. If the offence is serious and it is proved, or the parents can’t be traced, then the child is sent to a special home where there are arrangements for education and vocational training.
1,800 cases pending
In the Lucknow home, a court is held every Tuesday and Friday, but 1,800 cases are pending. Officials say the cases are piling up because police investigation reports rarely come on time. Unless the report comes, the hearing cannot commence.
There are also cases where the decision has been made, but the parents did not come forward to bail out the child. Incidentally, most of the children are from a economically disadvantaged background.
The Superintendent of the observation home, B D Patel, refused to give out any details about the inmates. He dismissed every attempt to probe the matter, repeatedly saying, “In sabne bade bade apradh kiye hain aur inhen jaldi chhod diya jaata hai.”(They have committed grave crimes and we release them very quickly).
Amal Kumar Verma, Principal Secretary, Department of Women and Child Development, admitted that the home had children who had turned adults waiting for their cases to be decided.
“The number of pending cases is really high. But we are trying our level best to ensure that all these cases are solved at the earliest,” Verma said. The department, he added, was also trying to involve NGOs to provide counselling to the children to ensure that when they are out, they are better citizens.
Shachi Singh of Ehsaas, an organisation working for children’s rights, said the children in these homes can only be helped if the JJ Act and other laws related to children are implemented properly. “Only proper implementation of the law and timely hearing can ensure that these children get justice,” she said.
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