Madras High Court has directed the Tamil Nadu State Legal Services Authority to file a report on the condition of various children's observation homes in the state after undertaking an inspection.
The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, passing orders on a PIL filed by 'Change India' director A Narayanan, directed TNSLSA to come out with a detailed report, after visiting and inspecting all types of children's homes in the state.
It then posted the matter to April 23.
Narayanan submitted that the state has only 26 probation officers for 32 child welfare committees, 32 juvenile justice boards, eight observation homes, 11 government children's homes, 20 NGOs children's homes, 15 children's reception units, two special homes and six vigilance or protective homes.
The petitioner sought a court direction to TNSLSA to do a detailed study and inquiry into conditions at these facilities and file a report to the court within a month.
He also wanted the court to direct juvenile justice board authorities in 32 districts in Tamil Nadu to look into juveniles whose cases are pending for more than four months due to non-receipt of interim inquiry reports. The juveniles concerned should be released on automatic bail, he said.
The court should also ask government to fill all vacancies of probation officers and district child protection officers, with candidates having required qualification and aptitude.
He submitted that school teachers and persons from other services are transferred to and posted as POs and added that it was totally out of sync with provisions of the Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules 2001.
Government home superintendents are made district child protection officers on consolidated pay, making a mockery of the central government-funded Integrated Child Protection Scheme, Narayanan said.
Besides citing the CAG report and one by NHRC highlighting deficiencies in such homes, he said no short or long-term skill development courses are taught for children and they often suffer physical abuse and punishment at the hands of care givers.
As circumstances are unhelpful, many juveniles in conflict with law end up wasting their childhood or try to escape or take to violence or even attempt suicide, Narayanan said.
