The New Indian Express ·
Rajasthan HC orders major reforms for juveniles accused of heinous crimes
JAIPUR: The Rajasthan High Court has directed the Centre and state government to frame a policy providing one per cent horizontal reservation for care leavers, or young adults, in government education and employment, while ordering major changes in the assessment of juveniles accused of heinous offences.
Justice Anoop Kumar Dhand directed that the reservation policy be notified within 12 weeks and should cover admissions to government and government-aided educational institutions, including schools, colleges, universities, ITIs and polytechnics.
The policy should also include government jobs and contractual engagements, he said. Until the policy is notified, care leavers will receive a five-year age relaxation and exemption from application and examination fees in government recruitment, the court noted. It also directed financial assistance and interest-free loans of up to Rs 5 lakh for housing and self-employment and establishing start-ups.
The directions came while the court dismissed a petition challenging a POCSO court’s refusal to treat an accused as a juvenile. The petitioner’s Class X marksheet recorded his date of birth as July 1, 2006, while a Class I admission form filled by his father in 2007 gave it as November 14, 2003. The high court upheld the trial court’s reliance on the earlier school record, holding that where educational documents conflict, the earliest entry in the government primary-school register should carry greater weight.
The court also flagged shortcomings in preliminary assessments under Section 15 of the Juvenile Justice Act, saying they were often reduced to brief, mechanical reports without adequate psychological evaluation or interviews with parents and teachers. It directed the state to constitute district-level panels of clinical psychologists, psychiatrists and child psychology experts within six weeks.
Each assessment must include at least three sessions with the child, interviews with parents or guardians and a teacher, and recognised psychological tests in line with the guidelines issued by the National Institute of Mental Health and Neuro Sciences. No assessment will be accepted by the Juvenile Justice Board unless it follows the prescribed format, the court ordered.
For care leavers, the high court also directed free education up to graduation in government institutions, hostel facilities for them and monthly scholarships of at least Rs 4,000 for higher studies and Rs 6,000 for professional courses.
The high court said child care institutions must secure identity documents when residents turn 17 and a half and ensure that no care leaver exits without an aftercare identity card. Individual rehabilitation plans must also be prepared for those turning 18.
Care leavers will receive a five-year age relaxation and exemption from application and exam fees in govt recruitment
Free education up to graduation in government institutions, hostel facilities and monthly scholarships
Institutions to secure ID papers when residents turn 17 and a half