SPECIAL HOMES - CRIMINOLOGY.pptx

Presentation on Special Homes of Criminology Subject

1. Subject : Criminology Topic : Special Homes

2. Introduction: “Special Homes” in Juvenile Justice (Care and Protection of Children) Act, 2015 A child who is found to have committed an offence by the Juvenile Justice Board will be placed in a Special Home . A Place of Safety will be setup for children above the age of 18 years or children of the age group of 16 - 18 years who are accused or convicted for committing a heinous offence.

3. Meaning and Purpose: Section 2 (v) of the Juvenile Justice (Care and Protection of Children) Act, 2000 defines “Special Homes” as under : Section 9 , states that the “special home” means an institution established by the state government  either by itself or through voluntary or non-governmental organizations certified by that Government in every district or a group of districts. For rehabilitation of those children in conflict with law who are found to have committed and offence and who are placed there by an order of the Juvenile Justice Board made under section 18.

4. Section 9 of the Act defines: (1) Any State Government may establish and maintain either by itself or under an agreement with voluntary organisations , special homes in every district or a group of districts, as may be required of reception and rehabilitation of juvenile in conflict with law under this Act .  (2) Where the State Government is of opinion that any institution other than a home established or maintained under sub-section (1), is fit for the reception of juvenile in conflict with law to be sent there under this Act, it may certify such institution as a special home for the purposes of this Act. ( 3) The State Government, may, by rules made under this Act, provide for the management of special homes, including the standards and various types of services to be provided by them which are necessary for re- socialisation of a juvenile, and the circumstances under which, and the manner in which, the certification of a special home may be granted or withdrawn. ( 4) The rules made under sub-section (3) may also provide for the classification and separation of juvenile in conflict with law on the basis of age and the nature of offences committed by him and his mental and physical status.

5. Objectives of care in Special Home : Provide reformative services including education, skill development, counselling , behaviour modification therapy, and psychiatric support during the period of stay in the Special Home . Formulate and/or review and/or implement an Individual Care Plan for each child based on understanding the child‘s background (familial situation, peer and neighborhood influences, positive influences), needs and interests, through the use of appropriate methods including counselling sessions, interaction with the child‘s family, home visits, aptitude testing for education and vocational training, and consultation with physical and mental health professionals .

6. Objectives of care in Special Home : Ensure that children accept responsibility and take accountability for the crime they were found to have committed, and begin a process of healing and transformation . Preparing the child for reintegration into the family and community with skills and a plan to ensure that he/she will not commit crime again.

7. Approach to provision of services in a Special Home: Since Special Home is a reformative care facility which houses children found to have committed offences for a period up to 3 years, and is not a prison, the approach to provision of services the institution as a whole, and its duty bearers must be one which ensures that: Children are not treated as criminals or prisoners and shall be provided with as much liberty as is possible. Upon entering the institution, children must be reassured that the Special Home and its staff are there to support them throughout the period of stay .

8. Approach to provision of services in a Special Home: Children are counselled through a process of taking accountability and responsibility for their actions. Children must be supported to make a fresh start with their lives, and must be supported to become emotionally and financially self-reliant as they reintegrate back into society.

9. Conclusion: The empowerment of children by ensuring their human rights and dignity provides an opportunity to change, the change which is required for the growth and development of our country. The way we deal with our children speaks volumes of our own character and ensures in laying a concrete foundation for the future generations to follow

10. Case Law: Jayendra And Another vs State Of Uttar Pradesh on 24 July, 1981 Equivalent citations: AIR 1982 SC 685, 1982 CriLJ 1000, (1981) 4 SCC 149 Supreme Court of India Bench: Y Chandrachud , E Venkataramiah ORDER Y.V. Chandrachud , C.J . 1. Heard counsel. Special leave to appeal is granted to Appellant 1 Jayendra . 2. We had called for a report from the Doctor in charge of the jail hospital as regards the age of appellant No. 1, Jayendra . The report of the Chief Medical Officer, Bareilly, Dr. P. D. P. Mathur , dated Feb. 17, 1981 shows that by general appearance, physical examination and radiological findings, the appellant Jayendra was about 23 years of age on the date of the report. That would mean that on June 17, 1974 which is the date of the offence, the appellant was about 16 years and 4 months old. The estimate given by the Chief Medical Officer, Bareilly is a rough estimate by approximation but we have on the record the statement of the appellant himself which is uncontradicted that he was above 15 years of age on the date of the offence .

11. 3. Section 2(4) of the Uttar Pradesh Children Act, 1951  (U.P. Act  No. 1 of 1952) defines a child to mean a person under the age of 16 years. Taking into account the various circumstances on the record of the case we are of the opinion that the appellant Jayendra was a child within the meaning of this provision on the date of the offence.  Section 27  of the aforesaid Act says that notwithstanding anything to the contrary in any law, no court shall sentence a child to imprisonment for life or to any term of imprisonment.  Section 2  provides, in so far as it is material, that if a child is found to have committed an offence punishable with imprisonment, the court may order him to be sent to an approved school for such period of stay as will not exceed the attainment by the child of the age of 18 years. In the normal course, we would have directed that the appellant Jayendra should be sent to an approved school but in view of the fact that he is now nearly 23 years of age, we cannot do so. 4. For these reasons, though the conviction of the appellant Jayendra has to be upheld, we quash the sentence imposed upon him and direct that he shall be released forthwith. In so far as the other appellant is concerned, his special leave petition has already been dismissed.

12. Conclusion of Case Law: Jayendra And Another vs State Of Uttar Pradesh on 24 July, 1981 Supreme Court of India Bench: Y Chandrachud , E Venkataramiah ORDER Y.V. Chandrachud , C.J . W here the order of the High Court sending a child to imprisonment for committing an offence was challenged before the Supreme Court. The Supreme Court called for the report by the medical in charge of the jail to determine the age of the child and it was found that the age of the child at the time of committing an offence was 16 years and 4 months and the sentence for imprisonment was quashed and the convict was released immediately.

13. Thank you….