IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 W.P.(C).No.28481 of 2008(S) -------------------------------------------------- SUO MOTO PROCEEDINGS INITIATED ON A REPORT RECEIVED FROM ADV.SINDHU GOPALAKRISHNAN, KOTTAYAM, REGARDING THE DEPLORABLE CONDITION OF THE INMATES OF THE JUVENILE HOME, THIRUVANCHOOR, KOTTAYAM. ADV.SRI.P.B.SAHASRANAMAN, AMICUS CURIAE. RESPONDENTS:- ------------------------ 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURM. 2. THE SUPERINTENDENT, GOVERNMENT JUVENILE HOME, THIRUVANCHOOR, KOTTAYAM. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer, J. ------------------------------------------- W.P.(C).No.28481 of 2008 -------------------------------------------- Dated, this the 4th November, 2008 JUDGMENT H.L.Dattu,C.J. Advocate Smt.Sindhu Gopalakrishnan was deputed by the District Legal Services Authority, Kottayam to visit the Government Juvenile Home. (2) The learned counsel has visited the Juvenile Home for more than four times and, thereafter, has submitted a report and, in that, it is stated, that, there is no basic education facility provided in the Juvenile Home; that the children in the Juvenile Home are not supplied any sports goods; that the counselling in the Juvenile Home is only an empty formality rather than for the well being of the children and, further, that there is lack of technical training, recreation facility, fine arts, library and reading room, etc. She has, further, stated in her report, that, no inspection committee or District Advisory Committee is seen functioning in the Juvenile Home as provided under Rules 63 of the Kerala Juvenile Justice (Care and Protection of Children) Kerala Rules, 2007 and Rule 70 of the Kerala Rules of 2003. She has further stated that the inmates are denied almost all facilities guaranteed under Rule 29(f) of the Kerala Rules of 2003. WP(C).No.28481 of 2008 - 2 - (3) Based on the aforesaid report of Advocate Smt.Sindhu Gopalakrishnan, this Court has initiated the suo motu proceedings. (4) The matter was posted before the Court for taking cognizance of the report and we had directed Sri.M.P.Sreekrishnan, learned Government Advocate, to get necessary instructions and file an appropriate affidavit before the Court. (5) We had also requested Sri.P.B.Sahasranaman, learned counsel, to be our Amicus Curiae and visit the Juvenile Home at Kottayam and submit his report. The learned counsel has done that exercise and has filed his report, bringing to our notice the deplorable condition in which the Juvenile Home, Kottayam is being run by the Social Welfare Department. (6) Now, an affidavit is filed by the Secretary to Government, Social Welfare Department, Government of Kerala. In that affidavit, it is stated, that, the Chairperson for the Selection Committee and other Members will be appointed by the State Government as required under Rule 91 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 within three months' time from today and the said Committee will, thereafter, supervise the functioning of the Juvenile Home at Kottayam. WP(C).No.28481 of 2008 - 3 - (7) Since it is the Selection Committee, as constituted under Rule 91 of the Rules of 2007, is expected to look after the affairs of the Juvenile Home, in our opinion, for the present it would be sufficient, if we grant three months' time to the State Government to appoint the Selection Committee as required under Rule 91 of the Rules. (8) Accordingly, while closing this writ petition, we direct the Secretary to Government, Social Welfare Department, Government of Kerala to constitute a Selection Committee as required under Rule 91 of the Kerala Rules of 2007 as expeditiously as possible, within an outer limit of three months' time from today. We hope and trust that the Selection Committee so constituted will take care of the interest of the children who may be admitted to the Juvenile Home at Kottayam. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-