[Reader-list] Three school going girls have been arrested under UAPA, Arms Act, Explosives Act and kept in jails in Khunti District of Jharkhand.

[SUNDARA BABU]

Dear Friends,
FYI



---------- Forwarded message ----------
Binod Kumar Sahu <registrar.ncpcr at gmail.com>



National Commission for Protection of Child Rights
5th Floor, Chanderlok Building, 36/Janpath, New Delhi-110 001
Ph: 011-23724023/27; Fax: 011-23724026
www.ncpcr.gov.in
 *Urgent*



Letter No.- JH-12016/19683/2010-11/COMP
Date: 14 /12/2010

 To
        Shri Rakesh Kumar , I.A.S,

District Collector
Khunti
Jharkhand

Fax No-06528-221665**

*Sub:    Three school going girls have been arrested under UAPA, Arms Act,
Explosives Act and kept in jails in Khunti District of Jharkhand.*

Sir,
        I am directed to say that the National Commission for Protection of
Child Rights (NCPCR) has been constituted under the provisions of the
Commissions for Protection of Child Rights (CPCR) Act, 2005 for protection
of child rights and other related matters. One of the functions assigned to
the Commission under Section 13 (1) (j) of CPCR Act is to inquire into
complaints and suo motu cognizance in relation to deprivation and violation
of child rights.

              The Commission has received a complaint from Smt. Indira
Chakravarti and Rinchin on behalf of Women Against Sexual Violence and State
Repression (WSS) regarding three girls of School near the district
headquarters of Khunti District of Jharkhand who have been allegedly
arrested on 30th October 2010 and sent to jail (copy enclosed). The girls
were arrested from the site of an encounter between the Police and a Maoist
squad. The girls have been charged under UAPA, Arms Act, and Explosives Act
etc and kept in jails. Three of these girls were arrested being treated as
adults without verification of their age and then produced in Court where
they were remanded to judicial custody and sent to Khunti jail.



       The Commission has taken a very serious note of the violations of
involved in the above mentioned case



As per Section 10 of the Juvenile Justice (Care & Protection of Children)
Act, 2000, such juveniles should have been placed in the charge of Special
Juvenile Police Unit or Juvenile Welfare Officer police officer designated
in concerned Police Station under Section 63 of JJ Act who in turn had to
produce such juveniles before the Juvenile Justice Board (JJB) having
jurisdiction over the area without any loss of time but within a period of
24 hours of their apprehension (excluding journey period).  Under Section 49
of the said Act, it is the JJB which is the competent authority to determine
the age of a juvenile in conflict with law as per the procedure laid down
under Rule 12 of the Juvenile Justice (Care and Protection of Children)
Rules 2007.  Such Juveniles, pending inquiry, should have been lodged in an
observation home and not in a jail.  However, the complaint speaks
otherwise.



            In view of the above, the following actions need to be taken on
priority basis in the above matter and a report, containing the facts and
circumstances of the case as well as the remedial actions taken, is
submitted to this Commission within seven days by fax/e-mail followed by
post:



(i)                 The Juveniles in question must be produced before the
JJB having Jurisdiction within 24 hours (if the same has not yet been done);

(ii)               The age determination of the Juveniles may be completed
immediately (if the same has not yet been done) as per Section 49 of the
J.J. Act 2000 and Rule 12 of the Central J.J. Rules, 2007;

(iii)             The Juveniles may be sent to an Observation Home (if they
have not yet been sent) and must not be allowed to be in the jail, pending
inquiry by the concerned JJB:

(iv)             In the light of Article 20 of the Constitution of India and
Section 13 of the JJ Act, 2000 the parents/guardian of the Juveniles must be
informed about the grounds of their arrest and the place where they have
been lodged, so as to facilitate their interfacing;

(v)               The Juveniles must be provided with adequate Legal Aid (if
they have not yet been provided with) as per rule 14 of the Central J.J.
Rules, 2000;

(vi)             It must be ensured that their education (if they were
school going) do not get disrupted due to their confinement but continues
unhindered.  The loss of their education must be compensated in terms of the
provision of text Books, note Book, test papers, sample questions, tuition,
etc. by the joint effort of the Superintendent of the Observation Home,
District Social Welfare Officer, District Education Officer and District
Programme Coordinator under the overall supervision of the District
Collector.



This issues with the approval of the Chairperson, NCPCR.
**
*Encl. –as above*


Sd/-
(*B.K. Sahu*)

Registrar, NCPCR



*Copy to for information & necessary action:*

1.      Superintendent of Police, Khunti District, Jharkhand (Fax:
06528-221660).

2.      Principal Magistrate, Juvenile Justice Board, Khunti, Ranchi,
Jharkhand.

3.      Shri Rajeev Arun Ekka,  Secretary, Department of Social Welfare (SW)
& Women and Child Development (WCD), Govt. of Jharkhand, Ranchi (Fax:
0651-2400758, Ph: 0651-2400757)

* *




Sd/-
(*B.K. Sahu*)

Registrar, NCPCR