Bal Sakha vs State of Jharkhand and Others

It is reported that Chanchala Kumari though is aged about above 18 years, still it is seen that the Board has not passed any release order. Now the State counsel is directed to intimate the Board about the nature of the order passed by this Court on 3.1.2007 and Board will immediately release Chanchala Kumari and hand over the girl to her parents or her near relatives.

With regard to the aspect for extending time for locking up the inmate from 5.30 p.m., it is submitted by learned Counsel for the State through the counter-affidavit filed by the Principal Secretary, Deptt. of Social Welfare, Women and Child Development, Government of Jharkhand, Ranchi that in pursuance of the directions of the Court, time of closing of Remand Home has been changed and premises now will be closed only at 7''0 Clock in the evening in place of 5.30 p.m. from November to January. It is also stated in the affidavit that from February to October the time for closing the grills will be at 8''0 Clock in the evening. Though it is already directed that toilet facilities could be made available inside the Sidhu Kanhu hall or other halls, it is now stated that the old toilets got repaired and no toilet facilities are made available in the Sidhu Kanhu hall. Therefore, the department concerned namely, Secretary, Deptt. of Social Welfare, Women and Child Development, Government of Jharkhand, Ranchi is directed to immediately make arrangements to provide toilet facilities inside the Sidhu Kanhu hall or other halls.

With regard to other aspects, namely, providing observation homes in all the districts, it is stated in the counter that Deputy Commissioner of the seven districts, where the observations homes, namely, Ranchi, East Singhbum, West Singhbhum, Hazaribagh, Dhanbad, Deoghar and Dumka are situated, have been instructed to make necessary arrangements so that the Medical Officers who are attached with these homes can extend proper and timely care to the ailing inmates. Now the Medical Officers are directed to visit the observation homes at least twice a week preferably on Wednesday and Sunday and if there is any urgent requirement, they shall visit and give necessary medical facilities to the inmates.

From para-7 of the counter-affidavit, it is stated that Chanchala Kumari as per report is aged about 18 years, therefore, Board is directed to release and handover her to her parents or near relatives.

Counsel appearing for the State has pointed out in para-6 of the Counter-affidavit that as per the report obtained from the Director, Social Welfare, Jharkhand, recommendations of names of social worker members for the Juvenile Justice Boards to be constituted in the remaining 15 districts, where there are no such Boards at present, have been received from the local authorities and the Selection Committee headed by the Retd. Justice Shri Gurusharan Sharma is to sit on 18.1.2007 to finalise the selection process. As soon as this exercise is completed steps will be taken to notify the new Juvenile Justice Boards. Statements made by the State Counsel as per the counter-affidavit is recorded.

In regard to question of starting Observation Homes in the remaining 15 districts, where no such homes exist at present, is concerned. The exercise of selecting suitable NGOs for running the same is in the final stage. According to the Director Social Welfare report, the NGOs have been short listed for the purpose and only clearance from the Deputy Commissioners of some districts is awaited. As soon as clearance in question is received, the process of signing Memorandum of Understandings (MOUs) with these organisations will be taken up so that the homes could start functioning as early as possible.

Learned Counsel appearing for the petitioner submits that apart from Ms. Chanchala Kumari, eight other girls, namely, Ms. Ishita Nandi, Wajida Khatoon, Mamta @ Khushbu, Sangeeta Kumari, Pinki Kumari, Santoshi Kumari, Malti Kumari, and Nisha Kumari at the time of attaining majority, Board shall examine the same and pass suitable orders for releasing them on the basis of medical reports. Board will examine and pass appropriate order either for releasing or rehabilitating them:

We direct all the concerned Deputy Commissioners of 15 districts to take a decision on this and immediately make arrangements for constituting the Board as well as constructing the Observation Homes in all the districts.

Let copy of this order be handed over to the learned Counsel appearing for all the parties.

Post this case after four weeks.

In the meantime, all the directions given by this Court shall be complied with and the status report shall be filed before the matter is taken up. Time for locking up shall be observed in all the Observation Homes and Remand Homes.