The Delhi High Court Tuesday asked the city police to come out with a long-term solution to control the rioting incidents in juvenile homes in the capital in consultation with the department of women and child development (DWCD).
A division bench of Justice S. Ravindra Bhat and Justice R.V. Easwar directed Aditional Solicitor General (ASG) Sidharth Luthra, appearing for the Delhi Police, to propose measures in light of the incidents of rioting and escape of juveniles from observation homes.
The court said: "These observation homes have been outsourcing their security. It is notable that in recent time atleast 6-7 incidents have happened, out of which three were of extremely violent nature."
It added: "We should not be looking at these place as a jail. You come out with mechanism and make it effective."
The Delhi Police, during the hearing told the bench that "the suggestion made by the social welfare department to create a separate police unit under the DWCD would not be able to serve the purpose as they would not be present round the clock in case of an emergency".
Police suggested that for speedy and immediate response, the observation homes to utilize the existing facility such as the police control room, which function round the clock and is headed by an assistant commissioner of police (ACP).
It further submitted that the creation of a security cell headed by an ACP assisted by three to four police officers "would go against the basic spirit of the Juvenile Justice Act which limits the role of police in dealing with the juvenile in conflict with law".
"The suggestion of the department of women and child development for the creation of a security cell headed by an assistant commissioner of police in the social welfare department with police officers on deputation and other suggestions would go against the basic spirit of the act. The provision of Juvenile Justice Act limits or excludes the role of police in dealing with the juvenile in conflict with law," police said.
The court last year took suo moto cognizance of incidents of juveniles going on a rampage in the capital's observation homes.
The DWCD had blamed lack of standard operating procedures as well as multiplicity of authorities for the situation.
