Intervention - Course correct disability POV in court ordered Manual titled “Living conditions in Institutions for Children in conflict with Law” released by WCD Ministry

[Vaishnavi Jayakumar (Inclusive India)]

Hi everyone,

Noticed an article a few days back which mentioned deficiencies in the manual's coverage of children who could be disabled, gender nonconforming or vulnerable with specific needs.

I have glanced at this close to 300 page document, and sure enough, beside a line or two addressing barrier free environment, the only other reference to disability is in documentation formats.

Shampa of Sruti-Darc has already started working on this and has kindly offered to draw up recommendations based on the group's inputs that will be open for anyone to endorse.  She is already in touch with Adv Swagata Raha on getting earlier submissions made and ignored.

So this is what I have understood from some clueless digging around. The explanations below are crude and based on my very rudimentary understanding and limited communication skills.

This manual is specifically for institutionalised children under the care of the State (via the Juvenile Justice Act) who are in conflict with law (CCL).

That means anyone under the age of 18 who has committed an offence or is suspected of doing so. So the CCI (child care institutions) falling under the purview of this manual would be restricted to the following in ascending order of need for reform and rehab.

1. Observation homes - children accused of crime
   
2. Special Home - children convicted of crime
   
3. Place of safety - place where people detained of having committed a heinous crime when a child between the age of 16-18 go to. Also people over the age of 18 until their sentence is over or they reach the age of 21 when they are transferred to a prison.
   

Some off the cuff thoughts on provisions that could be incorporated :

• Acknowledgement that the variance in reaction to trauma and resultant behaviour cannot be held as a benchmark to interpret remorse. Example, blankness or a lack of emotion or inappropriate responses could be as a result of a disability.
  
  
• Interpreters / support persons for those with learning or communication disabilities (including those not speaking the regional language) to address the likelihood of mistaken understanding of role in offense. Also an explanation of proceedings and a verification of what is being communicated / interpreted. 
  
  
• Barrier-free environment and aids have been addressed in the JJ Act and model rules. They will however need a checklist to be incorporated in the inspection reports, data capture and most important of all - the individualised care plan to incorporate a thorough evaluation, treatment, rehab and reasonable accommodation requirements. Sex education and a know your rights and responsibilities module to be part of the individualised education plan.
  

Those who are not part of the WeThePwd egroup can still follow the conversation online via this link https://groups.google.com/forum/#!forum/wethepwd

Regards,

Vaishnavi 

---------- Forwarded message ----------

From: "The Desi DISpatch" <TheDi...@hotmail.com>
Date: 26-May-2017 12:57 pm
Subject: [MhaReformIndia:898] Manual titled “Living conditions in Institutions for Children in conflict with Law” released by WCD Ministry
To: "GG Dispatch On Disability" <thedispatchondisability@googlegroups.com>, "GG MHA Reform" <mhareformindia@googlegroups.com>, "We the Pwd Egroup" <weth...@googlegroups.com>, "dra" <d...@groupspaces.com>
Cc:

Press Information Bureau 

Government of India

Ministry of Women and Child Development

19-May-2017 17:16 IST

Manual titled “Living conditions in Institutions for Children in conflict with Law” released by WCD Ministry 

The Ministry of Women and Child Development has developed a manual titled “Living conditions in Institutions for Children in conflict with Law” as per the directions of the Hon’ble Supreme Court dated 05.02.16, in the matter of Re-inhuman conditions in 1382  prisons, WP (C) 406 of 2013,  in which the Apex court had directed the Ministry of WCD to prepare a manual similar to the Model Prison Manual as being prepared by Ministry of Home Affairs that will take into consideration the living conditions and other issues pertaining to juveniles who are in Observation Homes or Special Homes or Places of Safety in terms of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The objective of preparing such a Manual for children in conflict with law is to provide guidelines to the States/UTs and other stakeholders which will help them to establish institutions for children in conflict with law and providing appropriate institutional and rehabilitative services to them.        

The Manual has been framed within the purview of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Juvenile Justice (Care and Protection of Children) Model Rules, 2016. The Manual puts in one place all aspects of the living conditions and other issues pertaining to children in conflict with law who are in Observation Homes, Special Homes and Place of Safety. It also lays down the processes to be followed by all concerned stakeholders while providing services to children.

The Manual shall enable all duty bearers in Observation Homes, Special Homes and Place of Safety to appreciate the importance of their role and contribute positively and proactively in the rehabilitation of children in conflict with law living in these institutions.

Kindly click on the link given below for Manual on Living conditions in Institutions for Children in conflict with Law:

http://wcd.nic.in/sites/default/files/Final%20Manual%2024%20April%202017_5.pdf

*****

NB/UD

http://pib.nic.in/newsite/PrintRelease.aspx?relid=161970