Question : Observation and Special Homes

a) the number of observation and special homes presently functioning for juvenile offenders in the country, State/UT-wise;
b) whether the Government has taken note of non-availability of such homes and lack of basic facilities/infrastructure in existing homes as per the provisions of the Juvenile Justice Act and if so, the details thereof along with the funds provided by the Government for their infrastructure development during each of the last three years and the current year, State/UT-wise;
c) whether the Government has received proposals from States/UTs and NGOs for construction of such homes, if so, the details thereof along with the action taken thereon and funds provided for the purpose during the said period, State/UT-Wise;
d) whether the cases of criminal activities/violence/sexual assault/exploitation/torture/ill-treatment of children in such homes have come to the notice of the Government during the said period and if so, the details thereof. State/UT-wise;
e) whether the Government proposes to house juveniles who have crossed 18 years of age during the period of trial and if so, the details thereof; and
f) the other remedial steps taken/being taken by the Government to improve the conditions of juvenile homes and monitoring mechanism put in place for safety and security of juvenile therein?

MINISTER OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI MANEKA SANJAY GANDHI)

(a): The number of Observation and Special Homes presently functioning in the country, State/UT-wise being supported under the Integrated Child Protection Scheme (ICPS) is at Annexure-I.
(b) & (c): Under the ICPS funds are provided to the State Governments/UT Administrations for setting up and managing homes of various types including Observation and Special Homes. The setting up of Homes are decided by the inter-ministerial Project Approval Board (PAB) constituted under ICPS to consider and approve the financial proposals received from the State Governments/UT Administrations, on the basis of need assessment carried out and requirement projected in the respective proposals. The PAB also deliberates on issues related to infrastructure and basic facilities during their interaction with States/UTs. The details of funds provided under ICPS to States/UTs for the upgradation of existing Observation and Special Homes during the last three years and current year is at Annexure-II. At Annexure-III are the details of funds provided to States/UTs for construction of Observation and Special Homes during the said period. No fund has so far been released during the year 2015-16 for construction of Observation and Special Homes.


(d): The National Commission for Protection of Child Rights (NCPCR) has reported that it has registered nine complaints of criminal activities/violence/sexual assault/exploitation/torture/ill-treatment of children in Observation and Special Homes across the country during the last three years and the current year 2015-16. The State/UT-wise details of cases registered is at Annexure-IV.

(e): The Juvenile Justice (Care and Protection of Children) Bill, 2015 that has been passed by the Lok Sabha proposes that any person who has completed 18 years of age and is apprehended for committing an offence when he was below the age 18 years then such person shall be treated as a child during the process of inquiry and if such a person is not released on bail by the Juvenile Justice Board then he shall be placed in “place of safety”.
(f): The Juvenile Justice (Care and Protection of Children) Act, 2000 and Central Model Rules framed thereunder provides for monitoring, inspection, standards of care and measures that may be taken by the State Government/UT Administration to improve the condition of these homes. The Ministry of Women and Child Development has been requesting the State Governments/UT Administrations from time to time to identify and register all child care institutions, so as to ensure that standards of care and safety can be monitored.


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