The CWC conducted an inspection in the institution and submitted a report the next month, recommending action against it.
KOCHI: The order to take-over the Aluva-based Jana Seva Shishu Bhavan (JSSB) by the state government brings attention to the lack of transparency and accountability prevailing in the sector linked with orphanages for children. The refusal by most institutions, claiming to be orphanages for destitute children, to register under the provisions of the Juvenile Justice Act, 2015, reveals that all is not well in the sector and the government order for the take-over of the JSSB, most famous in terms of celebrity endorsements, is a reminder of the same. The latest trouble for the JSSB began with the Kerala State Commission for Child Protection Child Rights in April 2017 sending a letter to Ernakulam District Child Welfare Committee (CWC) to inquire into the allegations against the institution, established in 1999. The CWC conducted an inspection in the institution and submitted a report the next month, recommending action against it.
According to the order of the government for the takeover, the Ernakulam CWC had identified violations of various sections of Juvenile Justice Act in the functioning of JSSB and issued orders for the rehabilitation and repatriation of the 104 children from other states. The JSSB authorities challenged the order in the High Court which dismissed the petition and directed the petitioners to approach the sessions court concerned. Through JSSB filed an appeal, the additional district and sessions court, Ernakulam, dismissed it on April 4, 2018. "The appellant shall prepare a list containing the names, age, home state and other identifying details as available and submit before the Child Welfare Committee, who shall verify the same and pass necessary orders authorising the appellant to transfer children to recognised institutions under the control of the Child Welfare Committees of the respective states concerned. It is made clear that the arrangements for the transfer shall be made and the expenses met by the appellant," the court ordered, dismissing the petition.
Based on the court order the CWC in Ernakulam approached the government on May 18 stating that it was facing several challenges/issues in the repatriation of 104 children as ordered by the court and listed them. Following are the even issues raised by the CWC in its letter. The CWC Ernakulam during its inspection on April 19, 2017 had found 104 children from other states residing in the JSSB. However the district child protection officer (DCPO) during her inspection on May 21 2018 could find only 42 children from other states in the institution. The JSSB authorities were unable to give convincing explanation regarding the missing children.
Four children were found begging in the street in Thrissur on May 10, 2018 and were brought to CWC Thrissur by the Child Line authorities. On enquiry, Thrissur CWC found that these children were the inmates of JSSB and then handed them over to the CWC, Ernakulam. On detailed enquiry, CWC Ernakulam found out that these children are among the 62 missing from the institution. The reasons on how they reached Thrissur streets from JSSB could not be explained by the JSSB. CWC apprehended that the safety and security of the children at JSSB are at risk since they are susceptible to trafficking or organ trading or begging or just missing.
Photographs of young children are being used in the brochure and newspapers for the purpose of fund collection. The children were also taken to streets for processions which is a violation of section 74 of the JJ Act. The JSSB has even taken children to streets to protest against the said orders of the court for the repatriation disguising it as the orders of CWC Ernakulam in order to garner public support which is clear case of contempt of court. The protest in effect halted the repatriation process.
In the inspection on April 21, 2018, the district child protection officer, Ernakulam, was told by the JSSB authorities that 62 children were sent back to their families. From this, it is clear that the JSSB was housing children who have family and parents to look after, which is against the principles of JJ Act that institutional care should be the last resort. A team from Tamil Nadu under the leadership of the chairperson of the Commission for the Protection of Child Rights visited the JSSB on May 17, 18 this year and interacted with 24 children who are said to be from Tamil Nadu as per the records of the JSSB. They expressed their inability to immediately identify whether the children were from Tamil Nadu and informed that they will take more time to establish identity of the children and reunite them with their families. There are five more states other than Tamil Nadu from where children have been brought and kept illegally in the JSSB. There are children from Kerala also and whereabouts of the families of such children are not known to the department as per the details given by the institution.
The institution or its promoters since its establishment are not willing to abide the law and have not furnished any reliable information regarding the number of children admitted in the institution and other statutory details. The Social Justice Department issued the order for the takeover of the JSSB for a period of three months or till all the children are reunited with their family or moved to fit institution whichever is earlier.
