Despite Act, juvenile offenders suffer prolonged detention

* Seventeen-year-old Kabir was brought to the Boys Observation Home in Vadodara in December 2003. Police caught Kabir, a native of Bihar for allegedly carrying a packet of ''ganja''.Today, after almost a year, he is still in custody with a pending inquiry.
* Ketan, a murder-accused has already spent 17 months in custody awaiting a trial. This includes his 12-month stay at the Central Jail, despite being a juvenile.
* Fourteen-year-old Pankaj was taken into custody following complaints of power pilferage.Pankaj has remained confined to the four walls for over five months now, without a trial.
VADODARA: Of the 42 juvenile offenders apprehended by the police this year, only four reside in the Boys Observation Home, in the city.
If most boys manage to secure bail, some are let free by the Juvenile Justice Board, as the offence is not serious. But those booked for serious crimes like drug peddling, rape and murder continue to face prolonged detention without trial, violating the Juvenile Justice Act 2000.
The Act states that "an inquiry shall be completed within a period of four months from the date of commencement, unless the period is extended by the Board having regard to the circumstances of the case, after recording the reasons for extension.
" But in all the four cases, the police are yet to file charge-sheet. Delays in police investigation, unaffordable bail amounts, frequent postponement of hearing and inadequate staff and infrastructure at the juvenile board have all contributed to the boys remaining in custody. "We cannot admit the case before the police complete inquiry and file a charge-sheet. Sometimes, as parents cannot afford the bail amount, or fail to turn up for the case, the trial gets postponed," say sources in the Home.
In Vadodara, the Juvenile Justice Board has become a one-man show. It is only the magistrate who is handling all the cases as the other two members -- one each from Barkal and Chhota Udepur -- keep away from the board meetings, which are held every 1, 3 and 5th Saturday every month. The Observation Home in Vadodara is plagued with problems owing to inadequate staff and infrastructure.
"About 40 children are put up in a single room and there is no space for children to play as it is not secure enough. Children with criminal charges may attempt to run away. Moreover, the government provides a monthly grant of Rs 450 per child, which is not sufficient," say insiders. The century-old building housing the custody home is in a dilapidated condition. Despite several requests for a new building, there has been no response from the government, say sources.
"Posts of superintendent and clerk are lying vacant. This overburdens other staff members. The teacher is unable to devote more time for children as she assists in clerical work too," says Jignesh Soni, a welfare committee member.
"We try to prevent social and economic exclusion of these children. But separate detention facilities for children based on age and nature of offence is also necessary," says Leena Mehta, exmember of the Juvenile Welfare Committee.