Lok Sabha Question No. 184 (UNSTARRED), answered on 2017-12-15
Subject: Escape of Children from Observation/ Juvenile Homes
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: JAGDAMBIKA PAL

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.184

TO BE ANSWERED ON 15.12.2017

## ESCAPE OF CHILDREN FROM OBSERVATION/ JUVENILE HOMES

## 184:    SHRI JAGDAMBIKA PAL:

Will the Minister of Women & Child Development be pleased to state:

- (a) whether  incidents  of  children  running  away  from  Observation/Juvenile  homes  in  the country have come to the notice of the Government;
- (b) if so, the number of children escaped from such homes during each of the last three years and the current year along with the reasons therefor, State/ UT-wise;
- (c) whether the Government has conducted any inquiry in this regard and if so, the details and outcome thereof and if not, the reasons therefor;
- (d) whether the said homes maintain records of their visitors and if so, the details thereof and if not, the reasons therefor; and
- (e) the corrective measures taken/ being taken by the Government in this regard?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (DR. VIRENDRA KUMAR)

- (a) to (c): The National Commission for Protection of Child Rights (NCPCR) has reported that  it  has  registered  12  complaints  regarding  children  running away from  Observation and Special homes during the last three years and the current year      2017-18 (as on December 10, 2017). The State/UT-wise detail is annexed. The primary responsibility of implementing the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) lies with the States/UTs. The details regarding action taken against guilty officials of Child Care Institutions (CCIs) is not maintained centrally in the Ministry of Women and Child Development/NCPCR.
- (d) The  visitors  are  permitted  in  CCIs  either  with  the  permission  of  the  Board  or  the Committee  or  the  Person-in-charge,  as  per  Rule  78  of  the  Juvenile  Justice  (Care  and Protection of Children)  Model Rules, 2016. Rule 74 of Model JJ Rules, 2016 requires maintenance of Visitor's Book in every institution. The visitor's book is maintained at main gate of CCI and also by Person-in-Charge of the CCIs for recording the remarks of the visitors. The visitors are searched at the main gate. Female visitors are searched by female  staff  only.  Copy  of  the  photo  identity  card  containing  the  address  and  a photograph  of  the  visitor  is  to  be  retained  by  the  institution.  If  the  visitor  refuses  to disclose his particulars, he shall be denied the meeting. Every meeting is to take place in

the  presence  of  the  Child  Welfare  Officer  or  Case  Worker  or  Probation  Officer  of  the Child Care Institution, who shall be responsible for any irregularity that occurs. Rule 74 and 78 of Model JJ Rules 2016, in particular, deals about the procedure to be followed with regard to visitors.

- (e): The  primary  responsibility  of  effective  functioning  of  the  CCIs  vests  with  the  State Governments/UT  Administrations  concerned.  The  Government  of  India  has  recently enacted the Juvenile Justice (Care and Protection of Children) Act, 2015,   (JJ Act) which has  come  into  effect  from  15 th January,  2016  repealing  the  Juvenile  Justice  (Care  and Protection of Children) Act, 2000. Further, in terms of Section 110(1) of the JJ Act, 2015, the  Model  JJ  Rules,  2016  has  also  been  framed  by  the  Central  Government,  for  the benefit and use by the State Government, to carry out the purpose of the JJ Act. Under Rule 66(1) Model Rules, any dereliction of duty, violation  of  rules  and  order  shall  be viewed  seriously  and  strict  disciplinary  action  shall  be  taken  or  recommended  by  the person-in-charge against the erring officials. Under Rule 54(6) of Model Rules, where an FIR  is  registered  against  a  person  working  with  a  Child  Care  Institution  including Specialised Adoption Agency for any offence under the Act and the rules, such a person shall  be  debarred  from  working  directly  with  the  children  during  the  pendency  of  the criminal  case.  The  JJ  Act  (i.e  Chapter  IX)  also  provides  for  stringent  provisions  for offences against the child. Provisio to Section 75 of the JJ Act says that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees.

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Annexure referred  to  in  para  (a)  &  (b)  of  the  statement  mentioned  in  reply  of  the  Lok Sabha Starred Question No. 184 for answer on 15.12.2017 raised by Shri Jagdambika Pal regarding 'Escape of Children from Observation/Juvenile Homes.'

State/Year-wise  details  of  complaints  registered  in  NCPCR  regarding  running  away  of children from Observation and Special Homes during the last three years and the current year 2017-18 (till 10 th December, 2017).

| Year       | States         |   No. of Complaints |
|------------|----------------|---------------------|
| 2014- 2015 | Uttar Pradesh  |                   1 |
| 2015- 2016 | Punjab         |                   1 |
| 2015- 2016 | Uttar Pradesh  |                   3 |
| 2016- 2017 | Chhattisgarh   |                   1 |
| 2016- 2017 | Madhya Pradesh |                   1 |
| 2016- 2017 | Rajasthan      |                   1 |
| 2016- 2017 | Tamil Nadu     |                   1 |
| 2016- 2017 | Uttar Pradesh  |                   1 |
| 2017- 2018 | Chattisgarh    |                   1 |
| 2017- 2018 | Uttar Pradesh  |                   1 |
| Total      | Total          |                  12 |