JJ Act | Rajasthan High Court Directs 1% Reservation For Youth Leaving Care Homes, Flags 'Mechanical' Juvenile Assessments

Taking serious note of the lapses in preliminary assessments of a minors under Section 15 of the Juvenile Justice Act (“JJ Act”), the Rajasthan High Court has ordered constitution of a panel of Clinical psychologists, psychiatrists, and experts in Child psychology in each district.

The bench of Justice Anoop Kumar Dhand further highlighted the harsh reality faced by the “care leavers”, who grow up in Child Care Institution (CCIs) and are required to enter into the outside world without any support system, making them extremely vulnerable.

In this regard, apart from rendering other directions, the Court has ordered the Central and State Governments to notify a comprehensive policy providing 1% horizontal reservation for Care Leavers, within 12 weeks.

Under Section 15 of the JJ Act that provides for a preliminary assessment, the mental and physical capacity of a child-offender who was above 16 years of age and had committed a heinous offence, had to be assessed to determine whether s/he had to be tried as an adult.

The Court opined that the assessment was not being conducted in its true spirit, but in a mechanical manner. It was highlighted that even though there were prescribed guidelines by the National Institute of Mental Heath and Neurosciences, Bengaluru (NIMHANS) for conducting such assessment, these were not being followed.

“It has also been noticed that in many matters, the juveniles are not sent for preliminary assessment for several months after the alleged incident/occurrence. In many cases, these juveniles are kept in a hospital for more than ten days by the Doctors/Physicians and then a formal report, by merely filling the blanks in a cyclostyle format, is issued even without conducting the actual preliminary assessment, which affects the child's right of trial. The purpose of preliminary assessment is not to decide whether child has committed the offence or not, but to assess his mental maturity.”

Hence, the Court directed that the formation of the aforementioned panel within 6 weeks, and held that no preliminary assessment shall be accepted by the Juvenile Justice Board, unless it was strictly in the format prescribed by NIMHANS.

Further, the Director, Department of Medical & health and Principal, SMS Medical College, Jaipur, have been directed to organize a mandatory sensitization training programme for the panel, within 60 days.

In relation to the matter of Care Leavers, while underscoring child rights and State's obligations under the Constitution to protect such right, the Court observed that 1000s of youth individuals, who grew up in CCIs were pushed into the real world, as they turned 18, without any stable identity, permanent address, shelter or a support system to rely upon.

“As highly vulnerable unsupported youths, they are often exploited and quickly fall into the traps of homelessness, low-wage labor, crime or trafficking, and perpetuating cycles of poverty and marginalization. There is a high level of stigma around children who grew up homeless and the public is not aware of the realities these young people face while growing up. There is no database for care leavers exiting the system and no system to monitor their progress…their vulnerability is not because they lack potential, but because they lack support.”

While taking into account multiple statutes, schemes and initiatives existing for such individuals, the Court held that poor implementation of such laws and schemed led to a situation where care leavers were facing great challenges.

In this background, the Court made certain interim directions that included the following:

• The Department of Social Justice and Empowerment shall prepare a comprehensive aftercare and rehabilitation policy providing stay, continuation of studies, vocational training, counselling and financial assistance for 1 year to every care leaver after attaining 18 years of age, who had no family support.
• State government shall constitute State Juvenile Justice Council within 30 days, for the entire state, which shall standardize the format & procedure of preliminary assessment; prescribe qualification/training/empanelment for the psychologists/psychiatrists; frame State Aftercare Policy for care leavers, and submit a bi-annual report to the court of all CCIs, place of safety and aftercare homes.
• A divisional level juvenile justice commission shall be set up at every revenue division which shall act as bridge between the child, his family and state for rehabilitation, and ensure that no care leaver was thrown out without a proper rehabilitation plan.
• The Central and State government shall establish a Care Leavers Secretariat within 8 weeks, at both the Central and State level, which shall function as nodal agency and single window grievance redressal mechanism for all care leavers.
• All care leavers to be provided with all identity documents and the process to be initiated at the care leaver attaining 17.5 years of age.
• Every care leaver to be entitled to free education till graduation in any government institution and state to create a care leaver education and scholarship fund and provide monthly scholarship of atleast Rs. 4000 for higher studies and Rs. 6000 for professional courses, along with hostel facility.
• Secretariat, in collaboration with Rajasthan Skill & Livelihood Development Corporation and National Skill Development Corporation, to prepare an individual aftercare plan for each care leaver within 3 months of him/her turning 18 years.
• Central and State government to frame and notify a comprehensive policy within 12 weeks providing 1% horizontal reservation for care leavers, in admission to all government educational institutions and all categories of government services.
• Till such policy is framed, state to provide age relaxation of 5 years and exemption from payment of application/examination fees to care leavers in all government selection process.
• Government to also provide financial assistance/interest free loans of upto Rs. 5 Lakhs for self-employment, start-up and housing under aftercare support.

The matter shall be next heard on September 22.

Title: Deepak Kumar v State of Rajasthan

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