TO STUDY THE JUVENILES OF OBSERVATION HOMES IN CHENNAI: A CASE

STUDY

FEROZE AHMED

A dissertation submitted in partial fulfillment of the requirements for the Degree of M. A.

in Social Work in Criminology and Justice

Centre for Criminology and Justice, School of Social Work

Tata institute of Social Sciences, Mumbai 2016

i
 DECLARATION

I, Feroze Ahmed, hereby declare that this dissertation entitled “To study the lives of the juveniles
in observation home: Chennai – A case study” is the outcome of my own study undertaken under
the guidance of Dr. K. P. Asha Mukundan, Assistant Professor, Centre for Criminology and
Justice, School of Social Work, Tata Institute of Social Sciences, Mumbai. It has not previously
formed the basis for the award of any degree, diploma or certificate of any other institute or
university. I have duly acknowledged all the sources used by me in the preparation of this
dissertation.

Date: 21 – 03 – 2016 Feroze Ahmed

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 CERTIFICATE

This is to certify that this dissertation entitled “To study the lives of the juveniles in
observation home in chenai – A case study” is the record of original work done by Feroze
Ahmed under the guidance and supervision of Dr. K. P. Asha Mukundan, Assistant Professor,
Centre for Criminology and Justice, School of Social Work, Tata Institute of Social Sciences,
Mumbai. The results of the research presented in this dissertation have not previously formed the
basis for the award of any degree, diploma or certificate of this Institute or any other institute or
university.

Date: 21 – 03 – 2016 [Signature of the Guide]

Dr. K. P. Asha Mukundan
Assistant Professor,
Centre for Criminology and Justice
School of Social Work
Tata Institute of Social Sciences,
Mumbai
 ACKNOWLEDGEMENT

To begin with, I’d like to thank God, the almighty, for my success and finishing the thesis on
time.
My heartfelt gratitude to my guide, Dr. K. P. Asha Mukundan, M.A, PhD, Assistant Professor,
Centre for Criminology and Justice, School of Social Work, Tata Institute of Social Sciences,
Mumbai, for all the motivation and help that she has provided me with in the course of my
research; and all the aid she has extended in helping me construct my thesis. She has been a
constant pillar of support and has been there to encourage me through all the times I felt
overburdened with the procedures at play. Completing this dissertation within the time frame has
been possible only because of the mentoring she has provided me with.

I would also like to thank Government observation home: Chennai for giving me the opportunity
to undertake research in my concerned area of interest. I would also like to thank the staff for
being very co-operative and also sharing vital information which was essential in due course of
time.

I would also like to Dr. Senthil Murgan, BVSc, MBA, PhD, for giving me ideas and valuable
information when I was stuck half way through my research tool.

Finally, I extend all my love and gratitude to my family for seeing me grow in these two years,
for helping me with constant encouragement, for always being there at my beck and call to guide
me through whatever problems and issues I have faced.

My heartfelt gratitude to Nandini Dasgupta who sacrificed her valuable time to help me finish
my dissertation on time. Finishing this dissertation on time would not have been possible without
you.

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 ABSTRACT

Human society has been programmed in a way that inculcates certain norms for everyday
functioning. Through the ages, the social environment we find ourselves surrounded by has
unconsciously molded and structured us. Children are not born with any innate tendencies, but
develop and inculcate them as a process of growing up. Agents of socialization have a primary
role in this- the family in the initial years of the development of the child, and peers and formal
institutions like schools at a later stage. India, as a country, is still in the process of development.
Juvenile crime can be a result of very many causes, but the one prime force that seems to work in
their cognition is that s/he will claim for him/herself what is being denied to him/her. A child
growing up without any restraints may develop tendencies promoting the fulfilment of his/her
desires without much regard for the world that s/he is a part of. Every action is representative of
a conscious or subconscious urge on the part of a beings to validate themselves as a whole, or
simply a particular facet of their desires. Without societal forces to educate and control them, the
means of attaining these desires may express themselves in a deviated fashion. Issues of juvenile
delinquency have always engaged my curiosity. The study presented henceforth is based on a
practical account of juveniles in an observation home, their lives there, and the administrative
challenges.

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 TABLE OF CONTENTS

Page no.
Declaration……………………………………………………………..ii
Certificate………………………………………………………………iii
Acknowledgment………………………………………………………iv
Abstract………………………………………………………………...v
Content………………………………………………………………....7
Chapter 1: Introduction………………………………………………1
Chapter 2: Literature Review………………………………………..11
Chapter 3: Research Methodology…………………………………..17
Chapter 4: Case Studies………………………………………………22
Chapter 5: Analysis of Data and Findings………………….……….31
Chapter 6: Reflections and Suggestions……………………………. 40
References………………………………………………….………….43
Annexure I: Research tools………..…………………………………45
 INTRODUCTION

“A child is a person who is going to carry on what you have started. He is going to sit where you
are sitting, and when you are gone, attend to those things you think are important. You may
adopt all the policies you please, but how they are carried out depends on him. He is going to
move in and take over your churches, schools, universities and corporations. The fate of
humanity is in his hands.” - ABRAHAM LINCOLN

Understanding Juvenile and Juvenile Offence

The long term sustenance of human society is based on the development of all its component
parts. Where children are concerned, they have stages of development in which they grow and
learn to adapt to the different norms that society expects them to conform to, and mold
themselves accordingly. The definition of the term adolescence as mentioned under a report by
UNFPA for the UN System in India reads “to emerge” or “achieve identity” (UNFPA, 2013)⁠.
The stage in child development that happens between 12-20 years of age is essentially seen as
the phase of adolescence. At this time, along-side physical developments, the cognitive processes
grow more concrete, emotions become more overwhelming and moral beliefs are incorporated
within the self. (Steinberg & Morris, 2001)⁠

When any individual engages in an activity that crosses the boundaries of acceptable societal
conduct and contravenes the law of the land, an instance of crime occurs. The issue of juvenile
crimes is on the rise today. The structures in which it is revealed contrasts from society to culture
and from country to country. In certain spots, it is fundamentally robberies and theft, in others
pricking needles and mortally harming little children. In a few, the motivation conceivably being
plain longing, in others it may be imparted as 'only for entertainment purposes'. Whatever way it
may be demonstrated, whatever might be the motivation, the truth remains that the cases on the
rise. This translates into grave worry for governments, researchers, educationalists, police and
social workers. Delinquent behaviour, as noted by Lesley Barker, has a relationship with social
issues such as drug abuse. It can also lead to adverse effects for the community such as a

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financial drain for enforcement of laws and the enforcement of stringent procedures to ensure
safety in the neighbourhoods where these incidents happen.

In formal terms, when juveniles engage in an act of crime, a situation of juvenile crime happens.
Juvenile delinquency and juvenile offence has been an area of study for several years. The
word `juvenile’, derived from Latin term `Juvenis’, meaning young, refers to boys and girls who
have not attained a certain age of majority (in most cases it is the age of 18 years). The
word ‘delinquency’ has been derived from the term ‘de’ (away from) and ‘linquere’ (to leave)
the Latin word ‘delinquere’ translated was apparently used in earlier times to refer to the failure
of an individual to perform a task or duty. (bprd.nic.in/writereaddata/linkimages). Delinquency
would refer to behaviours that society considers as inappropriate if committed by a child.

The term juvenile or children in conflict with the law has come into usage as an alternative to
‘juvenile delinquent’, which carries a certain stigma. Juveniles in conflict with the law implies
any child who comes into contact with law enforcing authorities since he or she is associated
with infringing upon the law.

‘Juveniles in Conflict with Law' is used to refer to young men or young women who have
supposedly carried out "offenses" or crime and are under eighteen years old. Crime is lawfully
characterized as an infringement of law. These offenses would be acts or conduct that would
constitute a “crime” in the Indian Penal Code, 1860 (IPC) or whatever other law applies just as to
both adolescent and grown-up guilty parties. A unique settling body (Juvenile Justice Board) and
special provisions (Juvenile justice system) have been made for youngsters who commit offenses
(Menon, 2009). Indeed, even in circumstances wherein an adolescent and a grown-up have been
captured together for the same offense, the adolescent's case is dealt with in isolation by the
Juvenile Justice Board. In cases involving adults, in the event that it is hence demonstrated that
he blamed was under eighteen years for age at the time of the offense, the case is usually
transferred to the Juvenile justice board, as opposed to if the offending party would have been an
adult at the time of committing the crime, in which case it would go through routine police
proceedings.

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A pertinent question that arises out of all the considerations taken into account above is why
adolescents engage in crime in the first place. There is no one single answer or reason. Deb
(2006) has categorized causes of juvenile delinquency into three groups such as socio-economic,
cultural and environmental factors, pathogenic family patterns and personal pathology.

Categorizing juvenile delinquency into five areas, Knuden and Schafter, 1970 (cited in Ahuja,
1996) highlighted that juvenile delinquency could be a result of:
1. Situational factors that lead to delinquency such as a broken home, neighbourhood
influences, economic insecurity
2. Personal difficulties of adjusting to the environment such as temper tantrums etc.
3. Antagonistic feelings towards authority and a feeling of defiance
4. Wayward behaviour such as truancy, running away from home, disobedience, fighting
5. etc., and/or
6. Involvement in serious crimes such as theft, burglary, rape, assault, robbery, homicide.

Analyzing the varied nature of delinquency, Becker (1966:226-38, cited in Ahuja, 1996)
has referred to four types of delinquencies: a) individual delinquency (cause of delinquency
is primarily located in the individual, family relationships and social structures), b) group-
supported delinquency (cause is primarily located in group support), c) organized delinquency
(cause is primarily located in group culture and norms), and d) situational delinquency (cause is
located in circumstances and weak controls over the child).

TRANSITION IN PERCEPTIONS REGARDING JCLs

In the early days, children were treated and viewed as “miniature” or “little adults”
(Kadushin, 1980, Cunningham and Tomlinson, 2006) and had similar responsibilities and
demands as that of an adult. ‘Child’ and ‘childhood’ were not recognized as independent social
categories till the eighteenth century. Children were thought of as “fragile” and “innocent” and at
the same time, capable of “wayward” behaviour. However, children who broke the law were
treated very much like adults who broke the law. They were often tried in the same courts, given

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the same punishment (on rare occasions, even the death penalty) and confinement in the same
institutions, as adults. Legislation did not deal with childhood as a period of life that needed
special measures of protection until the early 19th century (Bajpai, 2007: Kadushin, 1980;
Sandhu, 1977; Empey, 1960).

In countries such as USA and UK, towards the end of the 19th century, the State began to
recognize that children had distinct physical, social and psychological needs (Cunningham and
Tomlinson, 2006) and the concept of “childhood” got attention. The legal status of the child
changed, giving the child a more favourable position in society (Kadushin, 1980). Further,
development of formal education, improvement in health care and changing ideologies had a
positive impact on childrearing practices. It also resulted in the institutionalization of child
welfare systems around the world. A distinct view started emerging that children have to be
“prepared” to take on distinct adult roles; school became a place for moral and intellectual
training (Empey, 1976). Over the years, this changing notion of children and youth has had a
direct bearing on our understanding of delinquency too. Juvenile delinquency became a distinct
category of children exhibiting certain behaviours. As people came to view children differently
than adults, they were more inclined to view and treat juvenile offenders differently than adult
offenders (Kadushin, 1980).

The transition that has been in effect through the years has culminated in looking at a juvenile
delinquent from the point of view of redress more than punishment. In the article “The juvenile
Justice (Care and Protection of Children) Bill, 2014: The Legal Conrundum” indicates that the
system in place for Juvenile Justice in India seeks to protect, promote and safeguard the rights of
juvenile offenders alongside measures taken for ensuring their accountability for offenses.
Adolescents are considered vastly different from adult criminals on account of their variations in
physical, psychological, emotional and educational bearings. Exceptions to this are rare, and the
only notable one is recent and mentioned within the parameters of the latest Juvenile Justice Act
2015, where there is the provision of treating 16-18 year old offenders as adults on the grounds
of having committed “heinous crimes”.

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As of today, while the conventional societal viewpoint considers youngsters to be innocent and
vulnerable, the real life scenario may be vastly varied. The reasons as to why juveniles engage in
wrongdoing may be varied, but what is unmistakable is that when the age of the offender is less,
s(he) is more likely to be considered as more responsive to remedy. Media portrayals of offenses
committed by youngsters are brought to the open, they often spark societal outrage with regard to
the age of the offender and the nature of the crime committed at that age. It is no uncommon
knowledge that a serious crime committed by an adult becomes doubly shocking and sensational
if committed by a juvenile. This might in turn influence societal perceptions of the offense
committed. (Hess et al., 2013)

There are two in number positions on adolescent wrongdoing; the "get tough" methodology
versus the "supportive" approach towards youngsters who perpetrate violations. (Robillard,
2004). The former methodology is insistent that wrongdoing should be handled in a stringent
fashion, more so in the event that it has been a genuine infringement of law. The youthful age of
the individual included can't be a sole legitimization. The latter argument contends that
youngsters should be treated differently irrespective of the nature of the offense. Issues of
juvenile offenses have mostly always been in conflict with issues of children development and
welfare. (Rutter, 1998) This conflict between the need to rehabilitate am youngster and make
him/her fit for society may, hence, provide a contention to the need to hold the same youngster
accountable for a serious offense.

SOME LAWS IN RELATION TO JUVENILE DELINQUENTS IN INDIA

India seeks to tackle the problem of juvenile delinquency on the basis of three fundamental
assumptions. They can be enumerated as follows:
 Young offenders should not be punished, they should rather be corrected / reformed

 Exclusion children in conflict with law from the ambit of court and stress on their non-
penal treatment through community based social control agencies such as Juvenile Justice
Board, Observation Homes, and Special Homes etc.

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Evolution of Juvenile Justice System

With the proliferation in rates of juvenile offenses, the need for bringing a legislation in place for
dealing with the same was felt. As a British colony, India was influenced by English laws. The
first legislation dealing with Juveniles was the Apprentices Act of 1850, by which children
between ages 10 and 18 who were found guilty of an offense were subjected to working as an
apprentice in a particular trade for a certain time frame.

The IPC was brought into effect in the ten years that followed. Section 82 of the IPC provided
for the minimum age of Criminal Responsibility as 7, beyond which no action could be
considered a crime. This was doli incapax.

The next landmark was the Reformatory School Act of 1876. This provided the facility of setting
up reformatory schools and institutionalizing the delinquent within the parameters of the same
till s(he) found subsequent employment.

The jail committee of 1919, in its suggestions to the government recommended a separation of
children from adult offenders in terms of a prison setting. Following this, Madras, Bengal and
Bombay Children’s Act was enacted consecutively in the years 1920, 1922 and 1924.

Following independence, the Children Act of 1960 was passed. This was the first Central Act for
children offenders which focused on care, training, education, protection, maintenance, welfare
and rehabilitation of delinquent or neglected children. This was followed by the enactment of
Juvenile Justice Act of 1986 for the care, protection and rehabilitation of neglected children and
juvenile delinquents. United Nations Declarations of the Rights of the Child in 1959. After that,
113 nations, by consensus, promulgated the Vienna Declaration and Programme of Action where
the rights of children in general and girl child in particular, received worldwide recognition. It
was resolved that the member states should integrate the Convention on Rights of the Child into
their national action plan. This provided a blue print for the juvenile legislation for developed
and developing nations. India, being a signatory to the convention, drew up a comprehensive
uniform legislation to replace Children Act, 1960 and the state enactments framed thereunder.

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Thus, the Juvenile Justice Act, 1986 came into existence. Some of such state made pieces of
legislations were U.P. Children Act, 1951, the Hyderabad Children Act, 1951, The Bombay Act,
1954, the Saurashtra Children Act, 1956, the Madhya Pradesh Children Act 1970, the Rajasthan
Children Act, 1970, the Assam Children, 1971, the Kerala Children Act, 1973 and the Haryana
Children Act, 1974 etc. The JJ(C&P) Act, 2000 was ratified in compliance with the provisions of
the United Nations Convention on the Rights of the Child in 1992.

The working of the JJ(C&P) Act, 2000 for about five years showed that some of the provisions
of the Act required reconsideration. Therefore the Act was amended in 2006 with a view to
adopting a child friendly approach in the adjudication and disposition of matters in the best
interests of children and for their rehabilitation and overall development.

There is provision for a Special Juvenile Police Unit (SJPU) for apprehension of the JCLs. It
provides provisions for JJB, Child Welfare Committee (CWC) for JCLs and CNCP unlike courts
for adult criminals. It also provides special provisions for child friendly procedure to provide
justice to the children. It is also provided that only three years of maximum punishment could be
awarded to a JCL irrespective of the gravity of crime. There are provisions for rehabilitation of
JCLs and CNCP inter-alia.

The Juvenile Justice (Care and Protection of Children) Amended Act 2006 governs, safeguards
and protects the rights of children in India. The Act distinguishes between the competent
authorities dealing with the two categories of children. The Juvenile Justice Board (JJB) dealing
with Juvenile in Conflict with Law, while the Child Welfare Committee (CWC) for the Child in
Need of Care and Protection (CNCP).

The Juvenile Justice (Care and Protection of Children) Act tries to fulfill basic needs for
juveniles found to be in deviations against the law, and those who need care and protection with
the aid of adequate care, shelter, development, and the adoption of a holistic child-friendly route
in the disposal of cases in relation to juveniles with focus upon their rehabilitation. The Act
distinguishes between two categories of Children-

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a) "Children in Need of Care and Protection"- means a child
i. Who is found without any home or settled place of abode and without any
ostensible means of subsistence or
ii. Who is found working in contravention of labour laws for the time being in force
or is found begging, or living on the street or
iii. Who resides with a person (whether a guardian of the child or not) and such
person – (a) has injured, exploited, abused or neglected the child or has violated
any other law for the time being in force meant for the protection of child; or (b)
has threatned to kill, injure, exploit or abuse the child and there is reasonable
likelihood of the threat being carried out; or (c) has killed , abused, neglected or
exploited some other child, etc and so on.

b) "Juveniles in Conflict with Law" – means a child who is alleged or found to have
committed an offense and who has not completed eighteen years of age on the date of
commission of such offense.

The law outlines between these two classes of youngsters and has ordered separate and
autonomous systems to address their issues.

Under the legislations for juveniles the word arrest is replaced by the word ‘apprehension’.
Section 12 talks of the provision of bails. Bail can be denied to a juvenile only in situations
where the release of the juvenile may cause moral, physical or psychological harm, therefore
defeating the whole purpose behind apprehension. The decision has to be made by an appropriate
authority, usually the Juvenile Justice Board constituted under the provisions of the act.

The most recent amendment that has come about in 2015 has brought into focus the concept of
“judicial waiver” which allows juvenile delinquents between 16 and 18 years to be treated as
adult offenders if they have been found guilty of committing heinous crimes.

ICPS: The Integrated Child Protection Scheme, launched in 2009, has been working consistently
with the state governments and the administrations in the union territories in the provision of

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financial support for the JJ(C&P) Act. It has focused on the actions of children requiring care
and protection and children found in situations of conflict, under the terms of the JJ Act, and
children who come into contact of law under any circumstances. It has provided enhanced access
to a number of provisions for providing comprehensive protection to juveniles, alongside an
increase in investment for child protection. The fundamental principles of the ICPS are
“protection of child rights” and “the best interest of the child.” Among the guidelines that have
been provided, a notable one is the institutionalization of children as a last resort, while looking
at care measures centered more towards the family and the community. Institutionalization
should be undertaken only when all other alternatives have been considered.

OPERATIONAL DEFINITIONS:

Juvenile or Child: According to the Juvenile Justice (Care and Protection) Act-2000 (JJA), any
boy or girl up to the age of 18 years.

Observation Home: Is a residential care children's institution established by State Government

or a voluntary organisation and certified by the State Government under Section 8 of the JJA for
children in conflict with law. An observation home maybe set up in every district or groups of
district. This institution is meant for temporary reception of children in conflict with the law
Children stay in these homes during the pendency of the inquiry. The JJA mandates that along
with provisions of safe custody, the institution is also supposed to provide all facilities that will
ensure optimal growth and development of the child.

Special Home: Is a residential care children's institution established by State Government or a

voluntary organization and certified by the State Government under Section 8 of the JJA for
children in conflict with law. This institution admits only those children in conflict with the law
who have been committed to a special home by the magistrate of the Juvenile Justice Board. The
children stay in these Special homes for a stipulated time as per the orders of the magistrate. The
minimum period of commitment to the home is for a maximum period of three years. The JJA
mandates that the Special Homes must provide optimum facilities for social rehabilitation and

9
reintegration of the child.

Juvenile Justice Board: It is a board, which is constituted in the state under section 4 of the JJ
Act, with a Metropolitan Magistrate or a Judicial Magistrate of the first class and two social
workers of whom at least one shall be a woman forming a bench and every such Bench shall
have the powers conferred by the Code of Criminal Procedure, 1973(2 of 1974), or
a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class and the
Magistrate of the Board shall be designated as the principal Magistrate. The board is set up for
attendance of the children who are in conflict with lave. (JJ Act 2000) No magistrate can be
appointed as a member of the Board unless he has special knowledge or training in child
psychology or child welfare and no social worker shall be appointed as a member of the Board
unless he (she) has been actively involved in health, education, or welfare activities pertaining to
children for at least seven years.

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 CHAPTER 2

REVIEW OF LITERATURE

Lives of Juveniles in Observation Homes in India:

Within the confines of an observation home, juveniles are supposed to begin their transition for
the better. The observation home seeks to introduce measures that will help reform the juvenile
and help his/her reintegration into society.

Positive responses with regard to life of juveniles in observation homes are few as far as India is
concerned. Amod Kanth, founder of the NGO Prayas, narrates his working experience to state
that consistent efforts are made to ensure that after a juvenile leaves the observation home, they
are made conscious of being under some sort of supervision so that they do not go back to
committing deviant acts. One particular respondent, upon being asked as to whether he would
commit a crime of theft after he is released, says “I will not do it. A lot of children do it as the
elders tell us that we are children and will not get any severe punishments but living far from
home is the biggest punishment.” A teacher at the observation home speaks of an instance of a
juvenile arrested on the count of rape. After leaving the observation home, he began studying,
and also teaching about 15 students in his locality to provide for his own education. (Shishir
Tripathi on Governance Now, 2016)

Though one finds several articles on child’s right to participation, juveniles in custody often do
not have enough information about the legal system (Rajack-Talley et al, 2005; Nigudkar and
Dabir, 2011). This impacts their ability to take informed decisions about the legal processes that
concern their case. Apart from awareness of legal rights, it is important to know the perceptions
of the juvenile about the juvenile justice system and the roles various officials play in the system
In terms of the influence that observation homes have had upon the lives of juveniles residing
within, the Indian scenario is not bright.
Law enforcing agents often treat juvenile suspect as adult criminals at first. The age of the

11
younger boys is manipulated, and they are sent to adult jails where they inculcate heightened
criminal notions and practices. They learn the means of surviving in adult jails and may use the
same practices to get along in an observation home. Looking into 200 children across six
observation homes in Delhi, the report states that the lack of professionally trained staff and
problems of finance are major detrimental factors for this institution. Officers do not have
requisite training, and are usually overworked. Raina. P (2013, August 1)

Observation homes provide little assistance to juveniles. Reports looks at a Government run
observation home in Hyderabad, where it has been found that children from ages 11 to 18,
irrespective of the nature of the crimes that they have committed, are kept in a single dormitory.
There is no segregation on account of whether the crime is of a petty nature such as a theft or is
more serious like a murder or rape. This kind of sheltering, as psychologists say, may affect the
psychological health of the younger juveniles, who may also be physically abused by older
juveniles. This is also in violation of the provisions of the JJA, which provides for separate
residential facilities for juveniles upto 12 years, 13 to 15 years and above 16 years. Officials also
said that a number of the juveniles came from disturbed family backgrounds, including situations
such as adultery. These were often the environments that they were returned to after their stay in
the observation home would be complete. The need to encourage family counseling, and to make
sure that family situations do not encourage a child to commit crimes again is absent. Rangan P.S
(2012, April 6)

A report made by the Asian Center of Human Rights (ACHR) in 2013 calls the observation
homes in India as hell holes, where juveniles often undergo sexual assault and harassment, and
are forced to live in inhuman conditions. Authored by Suhas Chakma, the report notes 39 cases
of sexual assault upon juveniles in observation homes, including government run ones. Another
report published in India Today by Sandeep Unnithan (2013, January 11) says that drugs are
readily available over counters, and all the juveniles have to do is to pay their way through
security guards to obtain the same. The elder boys also drug the younger ones and make them do
“gaanda kaam” (bad work) for them.

In an article by Federico Ferrara and Valentina Ferrara (2005) on street children and the juvenile
justice system in India, the observation home at Vijayawada is taken into account. The juveniles

12
are prevented from going outdoors. They are often kept in a single room so that the guards can
manage them easily. They are not permitted to play or speak of joke with one another, and even
looking out of a window for too long is not permitted since it gives rise to the apprehension that
they may be planning an escape. The only source of entertainment is a few hours of television in
the afternoon, during which too they are not permitted to laugh.

Former Deputy Commissioner of Police, Shirish Inamdar, also provided that the conditions in
observation homes in India were “pathetic” with “inadequate government staff who were mainly
working for salary”. He was of the opinion that the system of rehabilitation in juvenile homes
was flawed, and in itself it contributed to further criminalizing the juveniles. The very manner in
which juveniles were treated in observation homes instilled a certain kind of hatred in them
towards any form of societal establishment, which could not bode well for when they would be
out of the institution. (Parth M.N., 2016)

In an article title “Little Justice for Juveniles” by Sriranjini Vadiraj (2008) it is noted that in
Maharashtra alone there are around 46 observation homes catering to 9,000 to 10,000 juveniles.
Little or no distinction is made between the children in need of care and protection (comprising
beggars, runaways and the like) and children in conflict with the law, who have committed
offenses. The former groups of children have visitors and are allowed to go outside and play,
while the latter group have to stay confined watching only television. This spawns resentment in
them, for they feel that they are being subjected to prejudiced treatment.

Given the above situations of neglect, it is no surprise that juveniles resort to means such as
escape. In another article published in The Times of India by Karthikeyan Hemalatha (2015, July
24) it was reported that for about 1000 institutions in the state, there is the presence of only one
government appointed psychologist. Poor infrastructure and dismal living conditions also act as
major lacunae in facilitating proper rehabilitation. In recent news, the escape of sixteen juveniles
from an observation home in Chengalpet is testimony to the failure of the whole conception of
rehabilitation. There were successive incidents of juveniles escaping Kelly's observation home in
Chennai in October and November, 2015. In the first case, 17 juveniles escaped, and in the
second, 8 (The New Indian Express, 2015, November 2). Workers in the field also say that
institutions in Tamil Nadu are working without authorized certifications. In a 2014 survey, it was

13
noted that 40% of the homes managed by non governmental organizations in Tamil Nadu
managing over 31,000 children are unregistered. (Danish Raza, 2015, January 11)

Theories of Juvenile Delinquency

Theoretical concepts of delinquency took their root during the ancient and medieval period.
These concepts, however, do not hold much reason as far as the contemporary age is concerned,
since most of the older theories based themselves on superstition and pseudo-science. To
understand the theories as they are at present, one has to take into account present and past
contexts.
A substantial number of theories have been constructed to explain reasons of juvenile crimes. In
many endeavors of research, psychological explanations such as psychoanalysis,
conditioning and psychopathology are common. These are not as oriented towards being
deterministic as the biological theories, for they leave the option of a free will which may be
deviant open. Sociological processes study the effects that societal structures and developments
have on the way in which individuals and groups behave. Circumstances in society may affect
the collective perceptions that people have on the means of accessing opportunities, and the
manner in which they are deprived, such that crime and delinquency basically become the way in
which people respond to particular kinds of environments. In critical theory, traditional theories
that try to explain the causes for criminal activity are negated. The blame is mostly placed on
socio-economic and political imbalances. In conflict theory and radical criminology, the idea is
to rely on alterations facilitated within society to change deviant behaviour.
With respect to some theories focusing particularly on juveniles,
In the words of Becker, the labelling or societal reaction perspective refers to a situation where
juveniles have a particular notion on the manner in which they behave, while society has another
notion. The community tries to impose norms of social control for altering deviant behaviour on
the part of the youth. When this happens, the youth may begin seeing himself as a criminal, and
perchance s (he) increases deviant behaviour, the society in turn increases social control
measures. This leads to strengthening the deviant identity further. Under the notions of the
Labelling theory, Erikson in his “Notes on Deviances” provides that people are not inherently

14
deviant. It is the social audience, being the community in general or more specifically agents of
social control and enforcement such as the police who are responsible for terming a particular act
as deviant. This type of deviance, essentially secondary deviance, is a social response to primary
deviance which comprises the first, basic acts of deviance that is not of such weight or volume
that it would lead to the perpetrator of the same being labelled “deviant”.
When one deviant being engages in group activity with other deviants, a deviant
subculture spawns. The deviant identity that was in solitude till then becomes concrete and
embellished within a group, leading to formations such as a juvenile
gang. Schwartz and Skolnick, in studying stigmas of a legal nature noted that legal accusation
might lead to a loss of status, negate chances for employment and bring further problems in
relation to the law.

The Differential Association Theory (Edwin Sutherland, 1939) believes that the basis of
delinquency is nine principles, translated as
 Criminal behaviour is not inherited but learned.
 Criminal behaviour is learned and ingrained in groups via communication.
 The learning happens in intimate groups.
 When deviant behaviour is learned, it includes techniques for the commission of the
crime and direction in which motives and deviant attitudes are oriented.
 The direction in which motives flow are based on defining legal codes as favourable or
unfavourable.
 A person becomes a criminal due to an excess of definitions favouring the violation of
law over those unfavourable to the violation of law.
 Differential association, otherwise known as tendency to commit a crime may vary in
frequency, degree of intensity and priority.
 The processes involved in learning criminal behaviour are the same as processes
involved in learning any other act, and finally
 Criminal and non criminal behaviours may be the expression of same needs, what varies
is the means that are used to access these needs.

15
The underlying notion here is that just as an individual may be socialised into good behaviour
inculcation, so also s (he) can be socialised to learn deviant behaviour.

16
 CHAPTER 3

METHODOLOGY

Rationale
It has always been a curiosity to know what runs through a child’s mind when he/she commits
crime. The researcher was curious to know and understand what that child undergoes when
he/she is residing in an observation home. Their lifestyle changes completely and their freedom
is restricted and they are made to follow rules and regulations which very much resonates with
that of a school. This kind of study has not been done in Chennai and that gives more flexibility
to conduct the research.

Research design and sampling

In this study, the researcher used qualitative research design and convenience sampling. It was
convenient sampling because the researcher could interview boys who were present at the
observation home. Some of the juveniles would go for vocational training and hence the
researcher only those who were left in the main hall for the interview. A structured interview
schedule was used for the juveniles and the staff of the observation home.
The study looks at in-depth, subjective knowledge for a better understanding of individual
perspectives, their “belief systems, perspectives, experiences.” Qualitative methods generally
aim to understand the experiences and attitudes of individuals.

Universe
The universe of the research was Juveniles in Conflict with the Law (JCL) apprehended under
the Juvenile Justice (Care& Protection of Children) Amendment Act, 2006
 The study was conducted in the city of Chennai at Government observation home for
boys.
 Boys between the age group of 12 to 17 residing in the observation homes were
interviewed out of 40 boys.
 Superintendent, Head master, Social worker, teacher and the warden were interviewed.

17
Description of the observation home
The observation home started 100 years back in Egmore and then it was shifted to Purasawalkam
high road. It was a two story building with the 17 year olds kept in the first floor and the younger
ones in the ground floor. The office of the Superintendent was close to the room where the
younger juveniles were kept. The headmaster also sat there and worked. There were four
wardens, one teacher, two probation officers and one social worker. The JJB was situated close
to the observation home. There were two store rooms, each near the room where the juveniles
were kept. The halls were huge with just one main door as entrance. The toilets were the end of
the main hall separated by a wall. There were enough windows for ventilation and the halls were
clean as the juveniles had to do their work when they woke up. The hall was huge for a group of
20 but it was just one big hall and only few were allowed to go out while the rest had to stay
inside and sleep or talk or look through the window just to pass the time. The place also had a
basketball court but the researcher did not see anyone playing ball outside the hall and yet the
children said that they used to play outside. The probation officers had a separate room for each.
The social worker came only if there were any cases that she had to attend to.
There were around 40 children when the researcher initially visited the observation home. The
researcher interacted with a lot of them but could interview only nine. The superintendent,
headmaster, warden, teacher and the social worker were interviewed. The researcher also had an
interaction with one of the probation officers but did not interview them as the tool was not
applicable for them.

OBJECTIVES OF THE STUDY

 To study the lives of Juveniles residing in the institution.
 To document the administrative structure of the institution.
 To understand the administrative challenges of running the institution.
 To document some success stories and best practices of the institution.

18
SOME RESEARCH QUESTIONS
 Who are these juveniles?
 Their lives in the observation home
 What do the staff think about the observation homes?
 What are the challenges faced by the staff?

Data collection process

Once the permission letter was ready the researcher headed straight to the observation home and
submitted the letter. The staff there asked me to contact them after a week regarding the status of
the permission letter. But there weren’t happy with just the permission letter alone. They wanted
to know about the scope of my research. He had to write another letter where he had to submit
his questionnaire which would be analyzed by the higher authorities. Once the permission was
granted he submitted the letter to the SI and he asked him to come the next day to commence his
research.
It took around 2 - 3 weeks for the authorities to grant permission. Most of the time the researcher
would visit the observation home and ask them regarding the status of the permission letter. Then
they would ask for another letter and this process would get snowballed and go up to 3 weeks.
Some of the children had no idea about the date of birth. Some of them had no idea about the age
of their parents. They approximately stated their age. Most of them had no idea about their caste
and at one point I stopped asking them about their caste. Very few of them were lying about their
crime and some data. Some of the other kids interrupted the interview and said that he was
giving false information. They even tried to act very innocent thinking that they would get out of
the observation home. The interview was interrupted again and again by the loud noise from the
TV. It was hard to concentrate and he had to ask the children to turn the volume down
constantly.
The data collection process was done during the period of 1st June to 10th June 2015. The
permission letter gave me time for 1 month to collect data but the authorities wanted letter after
letter and that took one whole week. Once that was done they took 15 days to process the tool
and hence only 10 days were left to finish the data collection.
After entering the room where the juveniles were kept, the researcher was very alert as the
children were observing him with inquisitive eyes. The reason he was alert was because he was

19
warned that one of the children hit the guard the previous night and tried to run away. The guard
was wounded and luckily the main entrance was locked and the juvenile had nowhere to run. He
was asked not to go to the first floor where the 17 year old juveniles were kept. It took 2 or 3
days for the kids in the ground floor to get used to the researcher. They thought the researcher
would take out a laptop and show them some movies but it looked like the researcher
disappointed them. Some of the juveniles instantly came and asked who the researcher was and
what he was going to do there. They were friendly after 2 or 3 days. During the data collection,
there were some who were lying about their crime. When they were giving their interview some
random kids came to the researcher and said that he was lying and that he acts innocent so that
he could get out of the observation home. Some children interrupted the interview and said that it
was fake and he was making it up to get out of the observation home. Some of the staff there also
wanted to know about the researcher’s research and everyday about 30 minutes would be spent
on explaining about the research to the staff and children there. The staff were having an open
mind and they shared some of their experiences which was vital to the research. After a week of
spending time with the children below 17 years, the researcher was granted access to see the
children who were 17 years of age.

Challenges
The interview with the warden was quick as he did not have knowledge about the JJ system. He
was also the one who was working there for 35 years but he had no knowledge. The social
worker had immense knowledge about the JJ system as she was also part of the system and she
sits with the judge during the cases and proceedings. The interview turned out to be a rather
heated one when the researcher said that the juveniles should be tried as adults for heinous
crimes. Later he went defensive to calm her down. She said that it was their time of discovery
and exploration.

Norms taken into account prior to data collection

The researcher has tried his best to address several norms that were maintained through the
research process such as:
Obtaining prior permission from proper authorities to conduct the research;

20
The authorities and the respondents were informed about the purpose and objectives of the study;

Data were collected only from those respondents who voluntarily consented to respond.
Appropriate care was taken to ensure that no inconvenience was caused to the respondents as the
subject was sensitive in nature. The researcher took care that his questions were not leading in
nature so as to ensure appropriate responses. The researcher had tried to ensure that the data are
not biased;

The researcher has maintained confidentiality of the identities of the respondents while writing
the report.

21
 CHAPTER 4

CASE STUDIES

Respondent – 1
Personal details: He was form Palleverkad. He was studying in class 5 when he committed the
crime.
Age: 12
Charges: Theft
Current status of the juvenile: His family had no idea that he was caught stealing a bicycle and
that he was kept in the observation home
Family details: Apart from his parents he had an elder brother. The men were working while the
mother was a home maker.
Case introduction: He had been staying in the observation home for the past one and a half
month. He was caught several times before in different police station. Since he was so small, the
police asked him not to indulge in any criminal activity and they let him go. He was with his
friend and he wanted to steal a bicycle. Since it had been so long since he had rode a bicycle he
decided to join him and was caught later.
Activities in the observation home: He gets up around 6.30 AM and sweeps the floor. Then
take bath and have breakfast. The teacher comes and he learns some basic English and Math . He
then watches TV for a while and then has lunch and goes for the vocational training in the
evening and sleeps around 8 or 9 PM. He plays carom board and watches TV. Hide and seek and
playing with ball are some of the outdoor activities they do.
Way forward: He needed someone to take his bail. He wanted to go home and did not want to
come back to this place. He wanted to become a police officer and he also liked beaches and
wanted to be on boats.
Experience within the JJ system: Police beat him up and threatened him not to tell the judge
about that.

22
Respondent – 2

Personal details: He was from Bihar. He came to Chennai by mistake. During the earthquake he
got into a train with his two brothers and the train’s only stop was at Chennai. He studied till
class 2.
Age: 13
Charges: Theft
Current status of the juvenile: His parents knew about his whereabouts and his father visited
him twice. He will be out in a few days.
Family details: Father was a labourer and mother was a home maker. He had 3 brothers and two
of them got inside the train with him.
Case introduction: He had been staying in the observation home for almost two weeks. He was
working in an anklet jewellery shop in Chennai and when one of the pieces went missing the
owner called the cops and blamed the children. They worked for about 20 days before misfortune
struck. It was hard for them as they could speak only in Hindi and the staff and the other children
did not understand the language.
Activities in the observation home: He gets up at 6 and brush his teeth and take bath. Once
breakfast is over he cleans the toilet. He cleans it thrice every day. Then in the evening he
watches TV and sleep at 9 or 10 PM.
Way forward: His parents knew about his condition and they would be taking him out soon. He
was constantly beaten up and bullied up by other children. His future plan was to become a
doctor.
Experience within the JJ system: After he was handed over to the police, he was taken inside a
jeep and then they beat him up

23
Respondent – 3
Personal details: He was from Kodampakkam. He studied till class 4 and then he dropped out as
he lost interest in studies. He was working in a mechanic shop for 3 months. He used a part of his
salary on drugs.
Age: 14
Charges: Theft
Current status of the juvenile: His father knew about his condition and he visited him twice.
He got him biscuits when he visited him.
Family details: His father was the only member in his family. He worked as a watchman.
Case introduction: The juvenile stole jewels and escaped. When his brother tried to steal money
he was caught by the police and when they beat him up he told them about his brother and hence
the brother who stole the jewels was also caught.
Activities in the observation home: He gets up at 5 AM and takes bath and stands in line for
attendance. After drinking tea he has breakfast. Then the teacher comes and she teaches English
or Math or he draws something. After some time he has lunch and the teacher leaves around 4.
He has snacks after that and watches TV. Around 7.30 PM he has dinner and sleeps at 10.30 PM.
On Saturdays and Sundays he watches TV till 11.30 PM. He tries to read books.
Way forward: Firstly, he wanted to go to special home and finish his 8th standard exams. Once
he passed he wanted to get into a school and study. Then he wanted to get into an IT job.
Experience within the JJ system: The police gave him food and beat him up. From there they
brought him to the court.

24
Respondent – 4
Personal details: He was from Kanin agar. He was the only one to remember his date of birth.
He was in class 10 when he was caught.
Age: 15
Charges: Theft
Current status of the juvenile: His parents knew that he was in the observation home.
Family details: Father is a painter. Mother is a home maker. He has a younger brother who
studies in 8th standard.
Case introduction: He always wanted a cell phone. When he saw one he took it and fled but the
owner of the cell phone chased him and handed him over to the police.
Activities in the observation home: Morning he gets up at 6 and sweeps the floor, takes bath
and changes his clothes and sits for the roll call. Then after half hour they give tea and then he
has breakfast. After a while the teacher come and those who are interested will study while
others sleep or talk with their friends. He have his lunch around 12.30 and watches T.V and then
sleeps. Snacks is provided around 4 PM and has dinner at 7 PM and sleeps at 9 PM.
Way forward: To become a Computer Engineer and take care of his mom.
Experience within the JJ system: The owners of the cell phone took him to the police station.
The police filed a case, beat him up and brought him here

25
Respondent – 5
Personal details: He was from Netaji nagar. He went to school till 5th standard and then stopped
as he lost interest. He was working in an iron company for a year.
Age: 15
Charges: Theft.
Current status of the juvenile: His parents knew that he was in the observation home but it had
been a long time since they had seen him.
Family details: His father was a tailor while his mother was a home maker. He had an elder
brother and sister who were working in Iron and Shoe Company respectively.
Case introduction: Someone stole a chain and blamed him. That was his second time in the
observation home.
Activities in the observation home: Wake up at 6 AM and sweep the floor. Take bath and then
have breakfast. Watch TV and sleep. If the teacher comes, he’ll learn something. Usually spends
most of the time sleeping on the floor.
Way forward: He actually like the observation home but he missed his family and he wanted to
go back home and did not wish to come back to observation home again. He wanted to be in a
good job in the future.
Experience within the JJ system: Directly went to the judge’s house and his mom was with
him at that time. Judge asked him to stay in the observation home for 2 says but it’s been a
month.

26
Respondent – 6
Personal details: He stayed near the light house, near the beach. He studied till 6 th standard and
after the death of his father he had to quit school and start earning money. He was picking up
plastic bottles and cans and sold them for 4 months.
Age: 16
Charges: Theft
Current status of the juvenile: His mother knew that he was in the observation home. She
usually visited him on Mondays, Wednesdays and Fridays.
Family details: Mother is the only one left and she takes care of the household chores.
Case introduction: He started working after his father died. He stole a chain and was caught
later.
Activities in the observation home: Wakes up at 6 AM and sweeps the floor. Then he takes
bath and has breakfast. He sits for the class where the teacher teaches him something. After
lunch he goes to drawing class. In the evening he plays carom board and watches TV and then
goes to sleep at 9 PM.
Way forward: In the future he wanted to be in a good job and support his mother.
Experience within the JJ system: Police beat him up badly. In court he was asked to be sent to
the observation home.

27
Respondent – 7
Personal details: He stayed in Pursalwakam. His nick name bottle mani was taken from a tamil
movie where the villain was called bottle mani. He had also been to Puzal jail because he looked
matured He never went to school and he was working in a hotel for 4 years. He spent most of his
salary buying drugs.
Age: 17
Charges: Drug abuse
Current status of the juvenile: His parents knew about his condition. That was the fourth time
in the observation home.
Family details: His father and his elder brother who studied till 7th standard work as a mechanic.
His mother was a home maker.
Case introduction: This particular juvenile had cut marks all over his body. His condition was
so severe that he never wanted to imagine a life without drugs. He was under the influence and
the cops caught him and beat him up.
Activities in the observation home: He gets up at 6 or 7 AM, mops the floor, then he takes bath
and has tea and then roll call is done by the warden. He has breakfast and watches TV till 12.30
or 1 PM. Then he has lunch. He sleeps or watches TV and then has tea around 4 PM, dinner
around 8 PM and sleeps around 11 or 11.30 PM. He mops the floor.
Way forward: He wanted to continue with his drug abuse but he also said that he wanted a
better life.
Experience within the JJ system: He was beaten up when he was caught. He was later bought
to the observation home.

28
Respondent – 8
Personal details: He was from Sowkarpet. He studied till 7th standard and then dropped out as
he was not interested. He was working in a mechanic shop for 4 years.
Age: 17
Charges: Theft
Current status of the juvenile: His parents knew about his condition. They sometimes visit
him. They get him biscuits and chocolates.
Family details: Father is a carpenter and mother is a home maker. He has a younger sister who
is studying in 7th standard.
Case introduction: He tried to take a cell phone but was caught in the process.
Activities in the observation home: Morning he gets up at 6 and sweeps the floor, takes bath
and change his clothes and they start the roll call. Then after half hour they give tea and then has
breakfast. He watches TV or plays carom board, has lunch around 12.30 and watches T.V and
then sleeps. Snacks is provided around 4 PM and dinner at 7 PM and sleeps at 9 PM.
Way forward: He wanted to study and take care of his parents.
Experience within the JJ system: Police beat him up. They gave him food and water and then
they beat him up again. He was later brought here.

29
Respondent – 9
Personal details: He was residing at Vellore. He studied till 8th standard and dropped out of
school due to financial troubles. He was working in a hotel for two years.
Age: 17
Charges: Theft
Current status of the juvenile: He doesn’t have anyone in Chennai. His parents visited him
once and he will be soon out on bail.
Family details: Parents are into farming while his elder brother works in a hotel.
Case introduction: He had given a sum of Rs. 10000 to his friend to treat his sick mother and
when asked for the money, the friend never returned the money. Outraged, he decided to take his
laptop and used it to blackmail his friend to get his money back. The friend complained to the
police that he had ‘stolen’ his laptop. The police caught him and he had no proof to show them
that he had given him the money and therefore he was arrested.
Activities in the observation home: He gets up at 6 AM and sweeps the floor. Then takes bath
and has breakfast. Then watches TV or plays carom board and then has lunch. Sleeps for a while
and then has tea. Watches TV and has dinner. Sleeps around 11 PM.
Way forward: He wanted to take care of his parents and wanted to get into a good job once he
got out.
Experience within the JJ system: The police beat him up after taking him to the police station.
They asked his parents to come to the station and then they met the judge. Judge asked him to
stay there for a while.

30
 CHAPTER 5

ANALYSIS OF DATA AND FINDINGS

PART I

Socio economic profile of the juveniles

The three reasons which emerged from this study on the profile of the juveniles were
 Absence of formal instruction and education.
 Financial issues, and
 Materialistic longings

ABSENCE OF FORMAL INSTRUCTION AND EDUCATION

S. No Age School going Class

1 12 Yes Was studying 5th standard
2 13 No Studied till 2nd standard
3 14 No Studied till 4th standard
4 15 Yes Was studying 10th standard
5 15 No Studied till 5th standard
6 16 No Studied till 6th standard
7 17 No Did not go to school
8 17 No Studied till 7th standard
9 17 No Studied till 8th standard

Among the nine respondents interviewed, only two were going to school before they were
apprehended by the police. The remaining with the exception of one who had never attended
school, were all drop outs.
The six who were drop outs reported that they found school boring and inconvenient in terms of
earning quick money. For some, roaming around the neighbourhood seemed a better option

31
 when compared to attending schools. The one respondent who had never been to school had
taken to drugs from a very early age, and showed no interest towards beginning his integration
into a formal education system. He wanted to get out of the institution and continue with his drug
abuse.

FINANCIAL ISSUES

S. No Age Juvenile’s occupation Juvenile’s earnings Father’s occupation

1 12 NA NA Laborer
2 13 Laborer Earned 100 Rs. for 20 days Farmer
3 14 Mechanic 1500 Rs./ month Watchman
4 15 NA NA Painter
5 15 Laborer 6000 Rs. / month Tailor
6 16 Rag picker 200 Rs. / day Rag picker
7 17 Worked in a hotel 5000 Rs. / month Mechanic
8 17 Mechanic 400 Rs. / day Carpenter
9 17 Worked in a hotel 5000 Rs. / month Farming

Out of the nine respondents, only two were enrolled and attending school at the time of
apprehension while the remaining were working as labourer, mechanic etc. at the time of
apprehension. Some of them were forced to work due to low income from their parents or death
of the bread winner. Some worked as they were not interested in going to school or they wanted
money. The occupations of the parents were mostly along the street side where they hardly got
enough money to feed their families. This had an indirect effect on the juvenile to support his
family.
One of the respondent’s father passed away and because of that he had to quit school and earn
money to support his mother.

32
MATERIALISTIC LONGINGS

Most of them had the urge to grab the object of desire that was right in front of them and flee the
next moment. They said that they wanted it so badly that they did not care about the ill effects if
they were caught. Among the respondents under study, for instance, three juveniles had been
apprehended on count of theft. They had not had the chance of experiencing the handling of
devices like phones or other childhood joys like a bicycle, and given the first opportunity that
they had of accessing the concerned object of desire, even if by illegal means, they went ahead
and did it.

PART II

LIFE INSIDE THE OBSERVATION HOME

Work in the observation home

Most of the juveniles had to do some work inside the observation home like cleaning the floor or
washing the utensils or cleaning toilets. Only two of the nine respondents had no work to do as
they were new into the institution. It usually takes time for the warden or the leader (appointed
amongst the juveniles by the warden) to assign some work to the juveniles. Most of them did not
complain about the work that was assigned to them.
Recreation facilities
Among the nine respondents, only two were allowed to play outside while the rest of them had to
play indoors. Those staying inside had access to only carom and watched TV. Those who had
come in new were not allowed to go out as the staff feared that they would run away. The 17
year olds only watched TV and played carom. They complained that they too wanted to play
outside rather than sitting and watching TV the whole day. Some of the younger population also
complained about their freedom being restricted.
Vocational training
Only the younger population were allowed to undertake vocational training like carpentry,
tailoring, bakery, etc. Under the provisions of the Integrated Child Protection Scheme (ICPS),

33
certain guidelines have been given in terms of the importance of vocational training to help
juveniles achieve a certain amount of independent economic standing once they are released
from the observation home. There are a number of opportunities in vocational training that have
been provided such as computer repairing and maintenance, data typing and processing,
carpentry, repair of automobiles and servicing, gardening, light engineering and so forth. In
terms of the observation home studied, however, juveniles were given training only bakery,
carpentry, book binding and tailoring. The 17 year olds were deprived from vocational training
altogether, and those who received it were not happy about it. They said they wanted training in
mechanics and electricals and electronics. They considered the vocational education being
departed to them as useless, and as such, the whole endeavor was seen as more of a time pass
activity which they were engaging in for fighting boredom.

Changes the residents wished to happen

With regard to facilitating any alterations in the institution, the following patterns were observed
by the researcher.
 Two respondents stated that the children in the observation home were too aggressive and
they would feel better if situations could be more under control.
 Four respondents wanted to go and play outside, and two among them also wanted an
alteration in the breakfast menu since they did not like the athi upma and tea.

WAY FORWARD FOR THE JUVENILES

Among the respondents interviewed, half of them said that they wanted to get a good job after
they were out of the institution to support their parents. They made special emphasis to take case
of their mothers. They all wanted to get out of the institution and never return. One respondent
wished to become a physician in the future while another one wanted to become a police officer.
The respondent who had a drug addiction problem was unsure of the way forward but said that
he wanted a better life than the one he had at present.

34
 PART III

ADMINITRATIVE STRUCTURE

Superintendent
↓
Assistant Superintendent
↓
Probation Officers
↓
Headmaster
↓
Teacher / Instructors
↓
Wardens / Guards

The flow chart above mentions the levels of hierarchy of the staff. The Superintendent was the
head there followed by two probation officers and one headmaster. There was only 1 teacher and
4 wardens. The post of Assistant Superintendent was vacant when the researcher conducted his
research

STAFF’S VIEWS ON OBSERVATION HOME

When the researcher asked the staff members about their views on the observation home, all with
the exception of the superintendent and teacher had differing viewpoints. The superintendent and
teacher felt that lack of care from family members was the main factor behind juvenile
delinquency. The superintendent was against the existence of observation homes altogether. The
headmaster was not optimistic about the possibility for changing the institution or the members
for the better, owing to the poor infrastructural facilities. He hoped, however, that the children
would return to their homes transformed after their period in the observation home would come
to an end. The warden believed that change was essential for reforming the juveniles, and the

35
ones who were persistent about not altering their wayward ways would be the losers. The social
worker stated that the practices in the observation home were ones that had been tried and tested
through ages, with only the punishment aspect of it having undergone a reduction.

CHALLENGES FACED BY THE STAFF

With respect to the challenges faced by the institution, the superintendent and the teacher were
both of the opinion that it was not possible to change the children. The teacher felt that there was
a dearth of facilities proper infrastructure, deaddiction facilities, etc. which could be used to alter
the mannerisms of the juveniles. The headmaster and the social worker did not consider it
possible to alter the life of the juvenile faced with a drug addiction problem, with the social
worker providing lack of facilities like pediatric deaddiction programs, counselling. The warden
was of the opinion that children in the institution were too violent. The main challenge that
seemed to be faced by the organization was the pessimism with regard to the possibility of
reforming the juveniles for the better. The headmaster also commented on the dearth of funds
that were essential for providing the juveniles with better care. Most of the juveniles, with the
exception of one, found their living conditions in the juvenile home to be dismal, and with
instances of escape adding up, there did not seem to be much scope for changing them. For
bringing about the complete alteration in the ways and mannerisms of a juvenile, there is an
underlying need for changing his mindset, and making him understand what is so offending in a
crime that he has engaged in prior to his apprehension. The observation home had no trained
counsellor, no psychiatrist who would manipulate the juvenile into understanding the nature of a
crime committed, or to help him retransition into becoming a socially acceptable individual. The
staff was mainly struggling with this agenda.

CHANGES THE STAFF WISHED TO SEE IN THE OBSERVATION HOME

The opinions of the staff members with regard to facilitating changes in the observation home
were enlisted. The superintendent felt that the very institution of an observation home should be
done away with. The headmaster felt that the main factor that needed alteration was the
infrastructure. The social worker was in favour of introducing pediatric deaddiction measures,
and the teacher felt that the quality of breakfast needed to be upgraded. When asked for his
opinion, the warden felt that the children in the observation home were violent and needed to be

36
toned down.
The superintendent wanted an overall uplifting in the socio-economic status of society so that the
conditions of children would improve. The teacher was also of the same opinion, which points to
a pattern of thinking suggesting that the root of juvenile delinquency may lie in the lack of
cohesion and support that a family is supposed to provide to a child during the initial few years
of upbringing

CHANGES THE STAFF WISHED TO SEE IN THE JUVENILE JUSTICE ACT

Only the social worker wanted to have the age set to 18 as there was an ongoing political debate
regarding the age at which a juvenile offender could be tried as an adult for heinous crimes. The
Superintendent and the Headmaster wanted the age to be reduced to 16 and they would be happy
if the age was even reduced to 14. The teacher and warden did not comment on the changes in
the JJA.

Children between the age groups of 12 and 17 showed similar patterns in the way they looked at
crime and their rationale behind it.

 Twelve to sixteen year olds were kept separate from the 17 year olds. These two groups
did not interact much with each other. The staff feared that the 17 year old were violent
and would potentially harm the younger kids and hence they were prevented from any
outdoor activities including vocational training.
 Among the younger population, those who were recent additions and runaways were
prevented from outdoor activities. The staff feared that the recent additions would try to
leave the institution and hence the strict measurements.
 Most of the juveniles found education to be boring and they dropped out to earn money.
They quit school because they were not interested.
 Some showed a tendency towards changing for the better after deeper conversations
regarding their families, some wanted to provide a better life for their mothers.
 The type of vocational instruction being offered at the observation home was limited to
crafts like tailoring, carpentry and bakery. This did not engage the interest of nearly half
of the respondents interviewed, some of whom showed inclination towards areas like

37
 mechanics.
 Among the staff only the Superintendent, Head master and social worker had enough
knowledge about the juvenile system

Some of the views of the respondents about the facilities provided by the institution have been
provided henceforth by the researcher
 All the respondents were happy with the meals being provided, with the exception of
breakfast and tea which comprised “athi upma” and tea.
 All 17 year olds said that they were at the mercy of the constables with respect to the
type of food they provided. For example, if they get idly and sambar they will be done
with two or three slaps. If they get Briyani, the beatings would be more severe.
 Compared to an observation home in Bangalore, the staff said that the quality of
infrastructure in their observation home was poor. The observation home in Bangalore is
equipped with aesthetics like parks, where the children feel more welcome. They also
have the freedom to choose from a variety of workshops, which gives them an
opportunity for self-development.
 In terms of administration, the headmaster and the superintendent wanted the age limit in
the JJ Act to be reduced to fourteen, while the social worker wanted the age to remain
eighteen.
 All of the staff with the exception of the social worker were satisfied with the job. The
social worker said that she would be satisfied following an improvement in conditions in
terms of infrastructure and the introduction of more deaddiction programs.
 With regard to the children present in the observation home, the Headmaster was of the
opinion that it was hard to alter drug addicts, while the social worker felt that the
facilities for changing them were inadequate. In terms of changing the children, the
teacher responded negatively, while the superintendent felt that change would be
difficult. The warden, owing to personal experiences, stated that the children were
violent. He was beaten up one day prior to the day of the researcher’s visit.
 The opinions of the administration with regard to the changes required in the institution
were varied. The superintendent was against the existence of the observation home

38
 altogether, whereas others took a softer stand. The teacher stated the necessity of
changing breakfast, the social worker was inclined towards introduction of pediatric
deaddiction and the headmaster talked of the need for improving infrastructure.
 One respondent was happy with life in the observation home.

The researcher thought the juveniles were tired of eating the same thing for breakfast and they
hardly get chocolates to eat and he gave them 100 Rupees to the warden and that made them
happier than ever. He informed the children though about the situation and they were okay with
it. The warden did not complain. He acknowledged what the researcher said and he left.

Three of the four objectives were met. The last objective ‘success stories’ was not met as the
institution did not have any. The staff said that some of the children go to a different place where
they redeem themselves and only there the researcher would find the success stories.

Rehabilitation is a major focus with regard to the treatment of juveniles in observation homes in
India. As far as rehabilitation in the studied observation home was concerned, it was a farce.
Even the staff commented that rehabilitation was extremely difficult to bring about owing to
dearth of funds and poor infrastructure. There was absence of a formal structure for cognitive
development of the child, no institutionalized and formally trained caregivers were present. In
contradiction to the guidelines provided under ICPS which emphasizes upon the necessity of
regular training for professionals and functionaries enhance skills and perceptions on child
rights, most of the staff members had no formal training. The respondent juveniles also
mentioned an incident where there was a murder to allow for the trafficking of drugs within the
institution. The elder juveniles were not allowed any time outdoors to enjoy open space, for
many indeed, the only leisure was some hours by the television. Vocational training was
considered as nothing but a means of ridding boredom. Under such circumstances, the very
notion of rehabilitation is a contradiction in itself.

39
 CHAPTER 6

REFLECTIONS AND SUGGESTIONS

The days spent by the researcher in the Chennai observation home gave a lot of insights
regarding the administration of the observation home and the lives of the juveniles residing in it.
The dissertation took into account factors that had caused the juveniles to be apprehended, how
they were treated inside the observation home, how they spent their daily lives and their plans
after release. It also considered the views of the staff about the operation of an observation home
and took into account their perceptions of the juveniles residing in it. The primary objective of
the researcher was to uncover patterns with regard to the lives of the juveniles during their stay
in the observation home.
There was one particular juvenile whose drug addiction was so intense that he wanted to go out
of the observation home and continue with his addiction.

The Integrated Child Protection Scheme, taking into account the provisions of the JJ Act, is
attuned to the needs of “children in need of care and protection” as well as “children in conflict
with the law”. The motive remains to aid the Government in the creation of an efficient system
that will protect children and to allow for improvements in the lives of children under
challenging circumstances, as well as trying to bring about a reduction in vulnerabilities that
spawn into situations of neglect and separation of children from their families.
With respect to the juveniles in the observation home, most of them had been apprehended on
account of theft. They had received little or no education; some of them stated that they had
committed the crime to support their families, while others had done it simply for the want of a
particular material possession. Absence of long term education may in itself be a cause that
becomes a barrier to the full-fledged cognitive development of a child. The National Council
for Special Education (NCSE) in a 2014 report, stated that education should be about
“Enabling all children in line with their abilities to live full and independent lives so that they
can contribute to their communities, cooperate with other people and continue to learn
throughout their lives” Contrastingly, the ground reality as observed by the researcher in terms
of the perceptions of the juveniles, was that education was something that they considered

40
boring. Vocational training, as a practical implementation, is well in place in the Western
Nations, and it would do good in instances such as these, being an opportunity for a child to learn
a trade that s (he) will enjoy, while earning money for doing the same. Academic inclinations
may not be to the disposal of everyone, and children should be allowed to develop irrespective of
their academic prowess. If the juveniles consider the formal systems of education as lacking,
then a possible alternative may present itself through channels for vocational education. The
areas to be taught, however, should be decided in consultation with all concerned parties, for
another correlated observation was also that the juveniles were not happy about the type quality
of vocational training being given and did not take it as a serious alternative that could help
reshape their lives in the near future.

In terms of the structuring of the observation home itself, the researcher noted certain lacunae in
so far as the staff felt that the infrastructure of other observation homes to be better. The quality
of vocational training given at this other institution was also considered superior to the one given
at the observation home studied. The initiation of programs for training children, their meal
plans, the infrastructure that is given to them, should be done keeping in mind the interests of the
target audience, and how they can be tuned with their needs and overall development. The
observation home did not focus much on rehabilitation or counselling or deaddiction programs.
The Institute of Mental Health in Chennai was the only option to be free from addiction for the
drug addicts but according to the social worker the conditions were so poor that she would not
recommend anyone to get treated there.

Finally, a number of the respondents were not allowed to go outside and play. This included
recent additions and the seventeen year olds. While the juveniles had been apprehended on count
of offensive actions, it would perhaps be more pertinent to allow them to spend some time
outdoors, under supervision if necessary, so that they can have a limited playtime that they
would enjoy. Many children expressed discontent at being stuck within the four walls of the
observation home 24/7, and with discontent becoming too strong, cases of escaping an
observation home may also arise. While there is no fool proof method of preventing this from
happening, every possible step must be taken so that the children feel that they belong to a more
or less friendly environment.

41
Studying the lives of the juveniles was the main objective and the researcher was able to study
the same. As such, none of the juveniles had any problems with residing in the observation
home, although they were naturally not happy about it. Their day to day activities mainly
comprised waking up for their meals, attending vocational training classes if they felt like it, or
simply going back to sleep. Only a select few were allowed to spend time outside. The manner in
which they were spending their lives showed a certain degree of inertia, since most of the
juveniles were bored and the institution did not take steps to educate all of them. Only those who
were interested would only learn when the teacher came. There was no compulsion from the
juveniles to learn anything and the institution did not take proper action to rehabilitate them.

The administrative structure comprised individuals who did not have a notable amount of formal
training. Most were dispassionate, and some did not have optimism with regard to the very
functioning of a juvenile home in the first place. The infrastructure was found to be inadequate
and lacking with respect to providing adequate care for the juveniles. The ratio of staff to
juveniles in the observation home varied from staff to staff. While the social worker said that the
institution needed more staff, others gave an approximate answer that varied from 1:5 to 1: 15.

As of the success stories, there wasn’t much to tell according to the Superintendent who said that
some of the juveniles go to a hostel and only there they would be reformed and that the
researcher would find success stories there.

42
 REFERENCES

Ahuja, R.1996. Sociological Criminology. New Delhi: Age International (P) Limited Publishers
Chakma, S. (2013). India ’ s Hell Holes : Child Sexual Assault in Juvenile Justice Homes. Asian
Centre for Human Rights. Retrieved from
http://www.achrweb.org/reports/india/IndiasHellHoles2013.pdf
Cunningham, S. & Tomlinson.2006. Children, Social Policy and the State: The Dichotomy of
Care and Control In J. Lavalette, M. & Pratt, A. (Eds) Social Policy: Theories, Concepts and
Issues, (Third Edition). London: Sage Publications Ltd.
Dabir, N. & Nigudkar, M. 2005. Children in Conflict with the Law and The Juvenile Justice
(Care and Protection of Children) Act, 2000: A study of Observation Homes and Special Homes
in Maharashtra, TISS: Mumbai.
Deb, S.2006. Children in Agony: A Source Book. New Delhi: Concept Publishing Company
Express, T. N. I. (2015). Not Again! 8 More Juveniles Escape From Kellys Home. Retrieved
from http://www.newindianexpress.com/cities/chennai/Not-Again-8-More-Juveniles-
Escape-From-Kellys-Home/2015/11/02/article3109262.ece1

Ferrara, F., & Ferrara, V. (2005). The Children ’ s Prison : Street Children and India ’ s Juvenile
Justice System. Care and Share Charitable Trust, (October). Retrieved from
www.careshareindia.org/OHome/OHEnglish.pdf

“File report on condition of children observation homes” | Business Standard News. (n.d.).

Hemalatha, K. (2015). Just one govt psychologist for juvenile homes in Tamil Nadu. The Times
of India. Retrieved from http://timesofindia.indiatimes.com/city/chennai/Just-one-govt-
psychologist-for-juvenile-homes-in-Tamil-Nadu/articleshow/48196563.cms

Kaushik, A. (2015). Rights of Juvenile in India.

Masoodi, A. (2015). Inside a juvenile home. liveMint.

MN, Parth. (2016). Homes or hell holes: hard questions after a chilling juvenile double murder.
Catch News. Retrieved from http://www.catchnews.com/india-news/homes-or-hell-holes-
the-hard-questions-raised-by-a-chilling-juvenile-double-murder-1454703473.html

43
Menon,P. 2009. Hand Book for Activists on Juvenile Justice. Mumbai: India Centre for Human
Rights and Law
Nations, U., & Unicef, F. (2011). Adolescence An Age of Opportunity.

Pandit, A. (2013). Juvenile’s reform home in “deplorable state.” The Times of India. Retrieved
from http://timesofindia.indiatimes.com/city/delhi/Juveniles-reform-home-in-deplorable-
state/articleshow/22198069.cms

Raina, P. (2013). Life in India’s Juvenile Homes. The New York Times. Retrieved from
http://india.blogs.nytimes.com/2013/08/01/life-in-indias-juvenile-homes/?_r=0

Rangan, P. (2012). Observation home offers little help to juveniles. The Hindu. Retrieved from
http://www.thehindu.com/news/cities/Hyderabad/observation-home-offers-little-help-to-
juveniles/article3286972.ece

Raza, D. (2015). Homes of horror: When juvenile shelters become exploitation centres.
Hindustan Times. Retrieved from http://www.hindustantimes.com/india/homes-of-horror-
when-juvenile-shelters-become-exploitation-centres/story-
eA26mA20UErk85YaPJEtqO.html

Robillard, L. 2004. The Ongoing Dilemna: The Risky Business of Youth Legislation, Masters
Thesis. Concordia University
Steinberg, L., & Morris, A. S. (2001). Adolescent development, 83–110.

The Juvenile Justice (Care and Protection of Children) Bill, 2014: The Legal Conundrum.
(2015).

Tripathi, S. (2016). A glimpse into the life in juvenile observation home -Governance Now.
Governance Now. Retrieved from http://www.governancenow.com/news/regular-story/a-
glimpse-the-life-in-juvenile-observation-home

Unnithan, S. (2013). Reform System that Deforms. India Today. Retrieved from
http://indiatoday.intoday.in/story/delhi-remand-home-a-hell-home-for-juvenile-
boys/1/241841.html

Vadiraj, S (2008). Little justice for Juveniles. Retrieved from

http://infochangeindia.org/children/features/little-justice-for-juveniles.html

44
 ANNEXURE 1

TOOLS FOR DATA COLLECTION

INTERVIEW SCHEDULE FOR THE JUVENILES
PERSONAL PROFILE
1. Name:
2. Age: Date of birth:
3. Religion: Caste:
4. Area of residence:

EDUCATION
1. Were you going to school? If no, reason for not going to school? If yes, which school?
2. Is it a government school?
3. Class:

WORK (to be asked if the juvenile was not going to school)

1. Were you working?
2. If yes, were you forced to work?
3. Where were you working?
4. How long were you working?
5. How long you used to work for a day?
6. How much did you earn ?
7. How did you spend your earnings ?

FAMILY DETAILS
RELATION NAME SEX AGE EDUCATION OCCUPATION

45
HISTORY OF CRIME
1. What are the reasons for you to be here at the observation home?

2. What is that one thing you would like to change in your past ?

3. Experiences within the JJ system, with the police, Lawyers, JJB, Social workers,
Institution staff, Child Welfare Officer.

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INQUIRY PERIOD
Can you narrate your experiences from getting apprehended to coming to the observation
home ?
1. Were you asked for you age?
2. If yes, was it verified / did you have proof to verify your age?
3. Was there a medical checkup?
4. How were you treated during the inquiry session?

5. What questions were asked during the inquiry period?

ACTIVITIES IN THE OBSERVATION HOME

1. What work is given to you by the observation home?

46
 2. How is it decided, on who will do what kind of work ?

3. Is there a committee that determines food, routines and work allocation in the institutions
?
4. What kind of vocational training is provided to you?

5. Does that benefit you? If yes, explain?

6. Other than vocational training, what other inputs can benefit you in the future?

FACILITIES WITHIN THE OBSERVATION HOME

Hygiene related : Toilets, cleanliness, drainage.
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Health : kitchen, food quality and quantity.

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47
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Recreational facilities : indoor games, outdoor games, celebration of festivals ?

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EXPERIENCES OF LIFE WITHIN INSTITUTIONAL SETTING :

Daily routine :
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Connect with the outside world through parents/ friends / school

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Given an option to change one thing within institutional setting, what would you change ?
and why ?

48
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Given an option to change one thing within the JJ System, what would you change ? and
why ?
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FUTURE PLANS.

49
 ANNEXURE 2

INTERVIEW SCHEDULE FOR THE STAFF

PESONAL PROFILE
1. Name:
2. Age: Date of birth:
3. Religion: Caste:
4. Area of residence:
EDUCATIONAL QUALIFICATION

ROLE OF THE STAFF

1. What is the staff children ratio?
2. What kind of vocational training is provided?
3. Is it self-supportive or is it out sourced?

PERSONAL EXPERIENCE
1. Your views on the observation homes?

2. Do you feel that the children are more prone to crime and violence in observation homes
than in the outside world?

CHALLENGES FACED BY THE STAFF

1. What kind of challenges do you face when handling juveniles ?

2. Did any of the children try to escape the institution? If yes, what attempts were made by
the institution to bring the child back?
3. Is there any special treatment rendered to such run away juveniles?

50
MISCELLANEOUS
1. How many new cases do you get in a week?
2. How many cases are disposed of in a week?
3. Are you satisfied with the work here?

FACILITIES AND INFRASTRUCTURES

S.NO INFRASTRUCTURE YES / NO. OF ADEQUATE /
NO ROOMS INADEQUATE
1. Medical room
2. Kitchen
3. Dining hall
4. Bathrooms
5. Toilets
6. Recreation room
7. Vocational training room
8. Dormitories
9. Store room

Given an option to change one thing within institutional setting, what would you change ?
and why ?
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Given an option to change one thing within the JJ System, what would you change ? and
why ?
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51
52