Raj HC orders 1% quota policy for 'care leavers'
JODHPUR, Sept. 17 -- The Rajasthan high court has issued a set of interim directions aimed at reforming the preliminary assessment of juveniles accused of heinous offences and at building a rehabilitation framework for youth who age out of Child Care Institutions (CCIs) on turning 18.
A bench of justice Anoop Kumar Dhand directed the Central and State governments to frame and notify a comprehensive policy within twelve weeks providing 1% horizontal reservation for 'Care Leavers' in admissions to all government and government-aided educational institutions, including schools, colleges, universities, ITIs and polytechnics, and in all categories of government service, public employment and outsourced contractual engagements.
Until that policy is framed, the bench directed the State to allow Care Leavers a five-year age relaxation and exemption from application and examination fees in all government selection processes. Separately, not as an interim measure, governments were directed to provide financial assistance or an interest-free loan of up to Rs.5 lakh for self-employment, start-up and housing under aftercare support.
The directions came in a petition challenging an order of the special judge, Pocso Cases, Sawai Madhopur, which had rejected the accused's application to be declared a juvenile. He had been charge-sheeted under Sections 376D, 376, 386, 363 and 354 IPC, provisions of the Pocso Act and Section 67 of the Information Technology Act.
Rejecting his reliance on a Class-X marksheet recording his date of birth as July 1, 2006, the bench upheld the trial court's reliance on the Class-I admission form filled in by his father in July 2007, which recorded the date as November 14, 2003. Interpreting Section 94 of the Juvenile Justice Act, 2015, the bench held that where there is a conflict, greater value must attach to the earliest entry in the Government primary school or Class-I register, which is closest to birth and least open to manipulation, and that the matriculation certificate no longer enjoys the primacy it had under the earlier Rules.
The bench criticised the manner in which preliminary assessments under Section 15 are conducted to decide whether a child aged 16 to 18 should be tried as an adult. It observed that empanelled psychiatrists and psychologists submit reports mechanically, often one page long, without psychological testing, without interviewing parents or teachers and by filling blanks in a cyclostyle format that departs from the NIMHANS guidelines.
Referring to the Supreme Court's decision, for the proposition that such an assessment must be child-friendly and not a mere formality, court directed the State to constitute district panels of clinical psychologists, psychiatrists and child psychology experts trained to NIMHANS standards within six weeks and required every assessment to include at least three sittings with the child, interviews of parents or guardians and the school teacher, and standardised psychological tools.
The bench recorded that Care Leavers are thrust into the outside world without a stable identity, permanent address, shelter or support system. Observing that protecting children's rights is not merely a legal obligation but a moral imperative, it ordered the constitution of a State Juvenile Justice Council within 30 days and of Divisional Level Juvenile Justice Commissions in every revenue division.
The bench also directed that CCIs begin obtaining identity documents as soon as a child turns 17.5, and that no child leave an institution without an Aftercare Identity Card. Every Care Leaver is to receive free education up to graduation in government institutions, with a monthly scholarship of not less than Rs.4,000 for higher studies and Rs.6,000 for professional courses along with hostel facility, from a dedicated fund. An Individual Aftercare Plan is to be prepared for each within three months of turning 18.
Chief secretary and secretaries of departments concerned have been told to file compliance affidavits within eight weeks....
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