Mysterious Deaths, Rapes, Malnutrition, Unsanitary Conditions In Nari Niketans, Child Care Institutes: U’khand HC Shocked, Issues String Of Directions [Read Judgment]

Shocked at the pathetic state of shelter homes like Nari Niketans and Children Homes where many inmates, including a deaf and dumb girl, was subjected to rape and forcible abortion, the Uttarakhand High Court has passed a string of directions ranging from regular inspection of such custodial institutions, segregation of normal and mentally ill inmates to strict action against those employing children for begging or drug peddling or anyone meting out corporal punishment to children in child care institutions and loans to the inmates of After Care Organization to set up entrepreneurial activities.A bench of Justice Rajiv Sharma and Justice Sharad Kumar Sharma also directed that the trial in the case of sexual harassment of the deaf and dumb inmate at Nari Niketan in Dehradun by a sweeper which has been moving at snail pace since 2016, with mere five prosecution witnesses examined, so far be completed within six months while also ordering suspension and disciplinary proceedings against Ramesh Chandra Kashyap, music teacher at the National Institute for the Visually Handicapped at Dehradun’s Rajpur Road, for sexually harassing a child.The court ordered that the trial in the case to be registered against Kashyap be completed within three months.The bench was deciding a PIL filed by Shivangi Gangwar highlighting the molestation, rape, harassment and victimization of Nari Niketan inmates in Uttarakhand, more particularly, in Nari Niketan, Kedrapuram, Dehradun.The petitioner informed the court that the state government is running three Nari Niketans and two shelter homes at Haldwani and Almora. The conditions of these Nari Niketans are deplorable. The mentally ill/retarded inmates are also kept with their children in Nari Niketan, which is not permissible under the law. Two inmates have died in mysterious circumstances and no inquiry was held to fix the responsibility. Fourteen children were suffering from malnutrition and taken to a hospital. The news reports led to the District Magistrate visiting the shelter home at Haldwani where he noticed deplorable conditions, lack of recreational facilities and that the inmates were not allowed to move out except for visiting court or hospital for treatment and no step is taken to restore the inmates to their guardians.“The rape and abortion of the helpless deaf and dumb girl, the mysterious death of the two inmates speaks volumes of mismanagement of the institution. These institutions must be respected and maintained like temples. The music teacher violating the body of a child in the National Institute for the Visually Handicapped cannot be permitted to be repeated. The society should be sensitive and compassionate towards the children, who are admitted in these Child Care Institutions trusting the system. How these things can happen under the very nose of the administration is difficult to fathom,” said the bench.It then passed the following directions specific to certain cases of illegalities at these centres and other general guidelines for both NGO and government-run homes as under:A. There shall be a direction to learned District and Sessions Judge, Dehradun, to conclude the Sessions Trial No.59 of 2016 (rape of deaf and dumb inmate of Nari Niketan), within six months from today by holding the trial on day-to-day basis. The statement of prosecutrix shall be recorded with the assistance of an expert or a person familiar with the mode of conveying her ideas in day-to-day life.B. The state government is directed to pay exemplary damages/compensation of Rs 25 lakh or pension @ Rs.11,000/- per month to the deaf and dumb inmate, who was raped and forced to abort the baby. The Chairperson, Child Welfare Committee, Dehradun, shall open the account of the deaf and dumb inmate in a nationalized bank, in which, the exemplary damages/compensation amount or pension amount would be credited every month.C. The management of the National Institute for the Visually Handicapped, 116, Rajpur Road, Dehradun, is directed to put Ramesh Chandra Kashyap, music teacher, National Institute for the Visually Handicapped, 116, Rajpur Road, Dehradun, under suspension forthwith and to commence disciplinary proceedings against him for violating the human rights and dignity of the child of the school and to conclude the same within three months from today.D. The Director-General of Police, State of Uttarakhand, is directed to register FIR against Ramesh Chandra Kashyap forthwith under the POCSO Act and Indian Penal Code. The inquiry and investigation shall be completed within three weeks from today and thereafter, the challan shall be put up in the court of law. The trial shall be concluded, if prima facie, case is found against Ramesh Chandra Kashyap, music teacher, within three months from today.E. The state government is directed to frame rules under Section 110 of the Act and to notify the same within six months from today, till then the Rules i.e., the Juvenile Justice (Care and Protection of...

Mysterious Deaths, Rapes, Malnutrition, Unsanitary Conditions In Nari Niketans, Child Care Institutes: U’khand HC Shocked, Issues String Of Directions [Read Judgment]

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