"The service delivery for institutional care is an astounding case of total misuse of resources. For the first year grant under the IPCS i.e. for 2009-2010, the complete grant was shown to have been utilized by the government even though no staff has been appointed to State Project Support Unit, State Child Protection Society (SCPS) etc. The officials of the state government informed that 'equipment has been purchased in advance". It is clear that the funds provided for providing services to children have been diverted for equipments! If that was not enough, the entire grant received under ICPS for 2010-11 too has been claimed to be utilised, even though no staff has been appointed to SCPS, district child protection units (DCPU) and State Adoption Resource Agency (SARA)," said Suhas Chakma, director of ACHR.
The Manipur Government claimed that there are more than 3,000 children in the State who are affected by armed conflict, ethnic clashes, orphan children and children living with HIV/AIDS. The situations of the Children Homes are far from being satisfactory. Given that no Inspection Committee has been set up as required under the JJ (C&PC) Act, the situations in the homes established under the Act remain deplorable.
In a press statement, ACHR stated that the Juvenile Justice (Care and Protection of Children) Act prevails over any other national security legislation including the Armed Forces Special Powers Act (AFSPA), 1958. However, the Central security forces do not have any knowledge about the JJ(C&PC) Act and children have been regularly apprehended, detained and subjected to torture while many were killed in fake encounters in clear violations of the JJ(C&PC) Act. The report cited 14 cases of extra-judicial execution of children by the Central and the State security forces.
In the entire state, there is only one Government run observation cum special home at Takyelpat in capital Imphal whereas the Army and para-military forces are deployed all over the State. This indicates that children who are apprehended by the Army and para-military forces are not produced before the Juvenile Justice Boards and Observation Homes but detained in their camps and in the best circumstances sent to the police lock up or prisons. NCHR observed that the state government has constituted Special Juvenile Police Units only on paper, as their functioning remained confined to mere notification.
There are reports of ill treatment of children in the Children Homes. On September 15, 2011, eight inmates of Destitute Children Home run by Leprosy Patients' Welfare Society (LEWS) at Chingmeirong Lei-Inkhol in Imphal East district fled after allegedly being subjected to ill treatment by owner of the Home. The inmates, all under 12 years, fled in the wee hours, as they could not bear the ill treatment. The government confirmed to the ACHR that the inmates of this Home were transferred to a government institution due to a complaint lodged against the Home. But no action under the JJ(C&PC) Act was taken against the accused.
Further, in the absence of adequate Homes, children in need of care and protection have to be kept in a building attached to the observation cum special home at Takyelpat in Imphal. Presently, at least 21 children in need of care and protection have been kept in a separate building in the Government Observation cum Special Home at Takyelpat in Imphal until further arrangement is found for them. These children in need of care and protection were shifted from the Children Home in Imphal East district.
ACHR in its report recommended to the state government to issue a direction to the Army and para-military forces who are legally bound to operate in aid of and under the civil administration to ensure full respect and compliance with the Juvenile Justice (Care and Protection of Children) Act, 2000 while dealing with children; operationalise the existing Special Juvenile Police Units, Juvenile Justice Boards and the Inspection Committees in letter and spirit and provide updated information on the website of the Social Welfare Department to ensure transparency, accountability and accessibility; provide adequate human and financial resources to the JJBs and Inspection Committees and the Child Welfare Committees; register a case under the Juvenile Justice (Care and Protection of Children) Act, 2000 with respect to ill-treatment of children at Children Homes' including in the Destitute Children Homes run by the Leprosy Patients' Welfare Society (LEWS); establish at least one Juvenile Observation Home and one Special Home in each district of Manipur; and conduct training programme for the judges appointed under the State Judicial Services on the Juvenile Justice (Care and Protection of Children) Act, 2000.
ACHR also recommended to the Ministry of Women and Child Development to conduct an inquiry into the misuse of resources for purposes other than stipulated including non-appointment of the staffs under the IPCS; develop guidelines to provide that the IPCS funds are "not diverted and non-lapsable"; conduct a field investigation following submission of reports by the state government about the constitution of the Juvenile Justice Boards before approval of further grants; direct the state government to establish at least one Juvenile Observation Home and one Special Home in each district of Manipur; and direct the state government to conduct training programme for the judges appointed under the State Judicial Services on the Juvenile Justice (Care and Protection of Children) Act, 2000.
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