No. 4288/2021 in the Matter Of: - Ummeed Aman Ghar for Boys …Petitioners Versus National Commission for Protection of Child Rights & Ors

IN THE HIGH COURT OF DELHI [CIVIL APPELLATE JURISDICTION] WRIT PETITION (CIVIL) NO. 4288/2021 IN THE MATTER OF: - UMMEED AMAN GHAR FOR BOYS …PETITIONERS VERSUS NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS. …RESPONDENTS

COMPLIANCE AFFIDAVIT ON BEHALF OF RESPONDENT NO. 1, THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR) IN COMPLIANCE OF THE ORDER DATED 07.04.2021 PASSED BY THIS HON’BLE COURT IN ABOVE MENTIONED WRIT PETITION

[PAPER BOOK]

ADVOCATE FOR RESPONDENT NO. 1 SWARUPAMA CHATURVEDI INDEX

S No Particulars Page No 1 Compliance affidavit on behalf of Respondent No. 1, National Commission For Protection of Child Right, in 1-30 compliance of the order dated 07.04.2021 2 ANNEXURE:R/1 True copy of the order of this Hon’ble Court dated 31-33 07.04.2021 3 ANNEXURE R/2 True Copy of the model tool used for conducting 34-49 inspections by the answering respondent 4 ANNEXURE R/3 True Copy of the inspection report to show detail 50-96 observations and recommendations made by NCPCR 5 ANNEXURE R/4 True Copy of the letter dated 30.11.2020 to Delhi Police. 97-98 6 ANNEXURE R/5 True Copy of letters issued to Department of WCD, 99-106 Department of Education, Delhi Police and Economic Offences Wing (Delhi Police) 7 ANNEXURE R/6 107- True Copy of the inspection report of Bangalore, Chennai, Patna and Andhra Pradesh 165 9 Application for exemption from filling attested affidavit 166-167 10 Application seeking condonation of delay in filling counter 168-169 affidavit 11 Proof of Service 170

FILED BY

SWARUPAMA CHATURVEDI A-65, LGF, SOUTH EX-1, DELHI-110049 Mob:09311825693 Email [email protected] 1

IN THE HIGH COURT OF DELHI [CIVIL APPELLATE JURISDICTION] WRIT PETITION (CIVIL) NO. 4288/2021

IN THE MATTER OF: -

UMMEED AMAN GHAR FOR BOYS …PETITIONERS VERSUS NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS. …RESPONDENTS

I, G. Suresh S/o late Shri S. Ganpathy Poty, aged about 50 years, currently working as Assistant Director, National Commission for Protection of Child Rights (hereinafter the “NCPCR” or “answering respondent”), 5th Floor, Chanderlok Building, 36, Janpath Road, New Delhi, 110001, presently at New Delhi, do hereby solemnly affirm and state as under: 1. That due to the official capacity as mentioned above and on the basis of available records, I am well versed with the facts and circumstances of the matter and as such competent & authorized to affirm this affidavit on behalf of Respondent no. 1, in the instant petition. 2. That, I have read and understood the averments made by the Petitioner in synopsis/ list of dates, grounds and annexures enclosed with this Writ Petition and at the outset it is respectfully submitted that all averments/ 2

contentions/ submissions made in the instant Petition are denied unless specifically admitted by the answering respondent and are also born out of available record of the case. It is most respectfully submitted that the answering respondent is making submissions to respond all averments made in the petition all together while submitting the instant compliance affidavit in compliance of the order of this Hon’ble Court dated 07.04.2021, where this Hon’ble Court has directed the NCPCR to file affidavit to place on record an affidavit stating the procedure followed by it while conducting an enquiry under Section 13 of the CPCR Act, 2005. True copy of the order of this Hon’ble Court dated 07.04.2021 is annexed herewith and marked as ANNEXURE R-1 (from page ____31 to page _____).33 3. That present Writ Petition under Article 226 of the Constitution of India have been filed by the Petitioners challenging the Inspection Report of the NCPCR. Petitioners also challenges the show cause notice dated 21st January, 2021 issued by Respondent No. 2 - The Samagra Shiksha Abhiyan, which was based on the Inspection Report of the NCPCR. 4. That the petitioner by way of the instant petition has challenged the inspection report dated 01.10.2020 carried out by NCPCR with regard to the Ummeed Aman Ghar for Boys. The petitioner herein has questioned the procedure adopted by the answering respondent for conducting the said inspection of the petitioner’s institution and has prayed for quashing of the report of the answering respondent. The petitioner has contended that the answering respondent while conducting the inspection and preparing the inspection report has not followed the due procedure and infringed upon the rights of the petitioner by not informing the petitioner with regard to the discrepancies and violations found by the answering respondent in the petitioner’s institution. That the Commission’s recommendations for investigation under Section 83(2) of the Juvenile Justice Act, 2015 has been challenged by the petitioner stating that the Commission has not 3

substantiated its claims of children being used for protests in a correct manner and that the “protests” cannot be termed as illegal activities under Section 83(2) of the Juvenile Justice Act, 2015 as the same is protected under Article 19 of the Constitution.

PRELIMINARY SUBMISSIONS : 5. At the outset it is humbly submitted that the averments of the petitioner are limited to the procedure adopted by the answering respondent in conducting its inspection of the child care institution. It is respectfully submitted that the petitioner has made averments about the manner and procedure in which NCPCR conducted the inspection which lead to its inspection report but the petitioner has not provided a clear explanation to the gross violations that were pointed out in the inspection report of the NCPCR. The petitioner has merely reiterated the findings of the inspection report of the answering respondent in the petition and has not provided with an explanation or clarification to the violations noted by the NCPCR in its report.

6. Procedure adopted by NCPCR to conduct inspection of Child Care Institutions under Sec 13 of the CPCR Act, 2005: That in compliance of the order of this Hon’ble Court vide its order dated 07.04.2021 and to further counter averments in the petition, NCPCR herein humbly submits that the following is the procedure and manner in which the NCPCR conducts an inspection of a Child Care Institution under Sec 13

of the CPCR Act, 2005: A. Information/Complaint- Whenever there is a complaint or information received about a child right violation, the answering respondent at the first instance examines the contents of the complaint or the information received and acts in a manner required by the situation. The answering respondent in some cases, demanding immediate action, is duty bound to 4

act swiftly and promptly, keeping in view of the safety and security of children. The answering respondent, therefore, after perusal of the complaint or information takes cognizance in the matter (in accordance with the powers and functions laid down under the Commissions for Protection of Child Rights Act, 2005) and then takes necessary steps as mandated under the CPCR Act, 2005. B. That, the Commission under Section 13(1)(j) of the Commissions for Protection of Child Rights Act, 2005 has been provided with the functions which are to be performed by the Commission for protection and promotion of child rights. One of the functions under Section 13 is to inquire into the deprivation and violation of child rights in the country. The said provision, Section 13(1)(j) of the CPCR Act, 2005 provides that- “(j) inquire into complaints and take suo motu notice of matters relating to,— (i) deprivation and violation of child rights; (ii) non-implementation of laws providing for protection and development of children; (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities;”

C. That it is most respectfully submitted that, NCPCR has also been given powers to inspect institutions housing children in need of care and protection under Section 13(1)(i) of the Commissions for Protection of Child Rights Act, 2005. The same is reproduced as below stating that the Commission shall:

“(i) inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children, under 5

the control of the Central Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;”

D. That the Hon’ble Court may be pleased to note that NCPCR also has monitoring power under Section 109 of the Juvenile Justice Act, 2015-

“109. (1) The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child Rights constituted under section 17 (herein referred to as the National Commission or the State Commission, as the case may be), of the Commissions for Protection of Child rights Act, 2005, shall, in addition to the functions assigned to them under the said Act, also monitor the implementation of the provisions of this Act, in such manner, as may be prescribed.

(2) The National Commission or, as the case may be, the State Commission, shall, while inquiring into any matter relating to any offence under this Act, have the same powers as are vested in the National Commission or the State Commission under the Commissions for Protection of Child Rights Act, 2005.

(3) The National Commission or, as the case may be, the State Commission, shall also include its activities under this section, in the annual report referred to in section 16 of the Commissions for Protection of Child Rights Act,2005.”

E. That the NCPCR is also the monitoring authority under the Right to Education Act, 2009- Section 31 of the RTE Act, 2009 provides for the following monitoring powers of the Commission- 6

“31. Monitoring of child's right to education.—(1) The National Commission for Protection of Child Rights constituted under section 3, or, as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to them under that Act, also perform the following functions, namely:— (a) examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation; (b) inquire into complaints relating to child's right to free and compulsory education; (c) take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act. (2) The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education under clause (c) of sub-section (1), have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act. (3) Where the State Commission for Protection of Child Rights has not been constituted in a State, the appropriate Government may, for the purpose of performing the functions specified in clauses (a) to (c) of sub-section (1), constitute such authority, in such manner and subject to such terms and conditions, as may be prescribed.”

F. In the instant matter, a complaint was received by the Commission from one organization namely, Kalinga Rights Forum, regarding violations of Juvenile Justice Act, 2015 in Ummeed Aman Home for Boys, South Delhi and Khushi Rainbow Home for Girls, South Delhi established by Centre for Equity Studies. In the complaint, the complainant had stated about two media reports against these two shelter homes run by Centre for Equity Studies which were flouting norms and rules of Juvenile Justice Act, 2015 and Rules, 2016. It was also alleged that children from only a particular religion were being housed in the Homes and that this 7

organization was receiving hefty funds which are being used for illicit activities like religious conversion. Keeping in view of the serious allegations made in the complaint concerned the safety and welfare of children living in these institutions and the fact that the children housed in this institution are child in need of care and protection under Section 2(21) of the Juvenile Justice Act, 2015, the the answering respondent took cognizance of the complaint under Section 13(1)(j) of the Commissions for Protection of Child Rights Act, 2005. G. Inspection by the Commission- That the NCPCR upon taking cognizance of the complaint deemed it appropriate in the interest of the security and welfare of the children to conduct inspection of the child care institution- Ummeed Aman Ghar for Boys, South Delhi. The Commission conducted the inspection of the institution.

H. That the Answering Respondent while conducting the inspection of the child care institution looks into the following aspects which is in consonance with the provisions of the Juvenile Justice Act, 2015 and its Rules, 2016

a. Registration of Child Care Institution- Section 41 of JJ Act, 2015 and Rule 21 of JJ Model Rules, 2016.

b. Production of children before Child Welfare Committee- Section 31and 36 of the JJ Act, 2015 and Rule 18 & 19 of the Rules, 2016.

c. Physical Infrastructure and Management of the Child Care Institution- Following are facts, which are to be checked as per provision of JJ Act, 2015 and its Rules 2016: 8

Provision of JJ Act, 2015 Subject-matter of the provision and its Rules 2016 Rule 40 Formation of Children Committees Rule 26 Number of personnel/staff to be appointed as per the capacity of 100 children Rule 89 Training of personnel dealing with children Rule 65 Rehabilitation-cum-placement officer Rule 61 Superintendent/Manager stay in the campus Rule 29 Physical infrastructure Rule 67 Security measures Rule 31 Sanitation & Hygiene Rule 38 Recreational facilities Rule 34/35 Medical Care & Mental Health Rule 76 Abuse & Exploitation of the child Rule 32 Daily Routine Rule 33 Nutrition & Diet Scale Rule 30 Clothing, Bedding, Toiletries and other articles Rule 36/69 Educational/Institutional Management of Children Rule 37 Vocational Training Rule 77 Maintenance of Registers Rule 73 Maintenance of Case Files Section 37/54 Inspection by Child Welfare Committee and State Inspection Committee

I. That it is further respectfully submitted that, in the matter of in Re exploitation of children in the orphanages in State of Tamil Nadu v/s Union of India & Ors, (2017) 7 SCC 578, Hon’ble Supreme Court had 9

directed the Commission to conduct social audit of all Child Care Institutions across the Country. The Commission in compliance to the same, had submitted its social audit reports of each Child Care Institution on 06.03.2020. The Commission, from the reporting format of social audit submitted to the Hon’ble Supreme Court developed the inspection tool for conducting inspections of Child Care Institutions. This inspection tool incorporates all relevant provisions of Juvenile Justice Act, 2015 and its Rules, 2016 pertaining to the infrastructure, management and monitoring of child care institutions and is used digitally (through the Commission’s application for conducting inspections of CCIs) as well as manually. True Copy of the model tool used for conducting inspections by the answering respondent is annexed herewith and marked as Annexure R-2 ( Pg No. 34___ to Pg. No ____).49

J. That it is respectfully submitted that at the outset there were many violations and discrepancies on part of petitioners which were found during inspection. The answering respondent while conducting its inquiry on the observations found during the inspection in the institution had asked the Centre for Equity Studies through emails to provide the documents and information which were not available at the time of inspection in the institution and was provided an opportunity to submit the relevant document pertaining to management and monitoring of the institution. It is to be seen that every opportunity was given to Centre for Equity Studies for submitting relevant information to the answering respondent and it was after the examination of observations of inspections in line with the reply/information provided by the Centre for Equity Studies and other documents submitted by the authorities that the Commission proceeded for issuing its recommendations for its inspection and inquiry of the institution. Therefore, the allegation by the petitioner 10

that no opportunity was given to the petitioner for presenting its facts before the answering respondent is baseless and devoid of merit. The answering respondent had before concluding the inquiry of the inspection of the institution, communicated and sought information from Centre for Equity Studies itself, on the basis of which the inquiry under Section 14 of the CPCR Act, 2005 in this matter was taken up by the answering respondent and recommendations were accordingly made.

K. Inquiry of the Commission- That it is most respectfully submitted that during the inspection of this Home, prima facie many violations of Juvenile Justice (Care and Protection of Children) Act, 2015 and its Model Rules, 2016 and various other irregularities came to the notice of NCPCR including financial irregularities as the institution was reluctant in disclosing their sources of funding and other relevant documents to the inspection team. Keeping in view of the condition that the children were kept in and the statements given by children to NCPCR during the focused group discussion, the Commission deemed it appropriate to further inquire into the violations and irregularities observed in these institutions as per powers of the Commission under Section 14 of the CPCR Act, 2005 and call for necessary and relevant documents from Centre for Equity Studies, Child Welfare Committee, Delhi Police, Department of Education and Department of WCD, Govt. of NCT of Delhi. The Commission had also sought documents from Ummeed Aman Ghar for Boys, South Delhi with respect to the Individual Care Plan of all children, copy of Orders of Child Welfare Committee/DCPU and copy of registration and renewal of registration, audit reports and other relevant documents related to its parent organisation- Centre for Equity Studies.

L. That it is submitted before the Hon’ble Court that the Commission while taking cognizance under Section 13(1)(j) of the CPCR Act, 2005 has been 11

vested with the powers of a Civil Court to conduct inquiries into the matter related to deprivation and violation of child rights. Section 14 of the Commissions for Protection of Child Rights Act, 2005 is as follows-

“Section 14 of the CPCR Act, 2005 confers powers of a Civil Court to the Commission for conducting inquiries- Powers relating to inquiries.—(1) The Commission shall, while inquiring into any matter referred to in clause (j) of sub-section (1) of section 13 have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and, in particular, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; and (e) issuing commissions for the examination of witnesses or documents. (2) The Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974).”

M.That, in addition to the powers and functions of the Commission given under the CPCR Act, 2005, the National Commission for Protection of Child Rights Rules, 2006 also confers certain other additional function on the National Commission with respect to conducting inquiry under Rule 17-

“(17) Functions of the Commission.— The Commission shall, in addition to the functions assigned to it under clauses (a) to (j) of sub- section (1) of section 13, perform the following functions, namely:— 12

(c) undertake formal investigations where concern has been expressed either by children themselves or by concerned person on their behalf.”

N. That the Hon’ble Court may be pleased to note that the Commission under Section 15 of the CPCR Act, 2005 has also been mandated to take steps to be taken after its inquiry in the matter of deprivation and violations of Child Rights—As per Section 15, the Commission may take any of the following steps upon the completion of an inquiry held under this Act, namely:—

(i) where the inquiry discloses, the Commission of violation of child rights of a serious nature or contravention of provisions of any law for the time being in force, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons; (ii) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary; (iii) recommend to the concerned Government or authority for the grant of such interim relief to the victim or the members of his family as the Commission may consider necessary. INSPECTION CARRIED OUT IS WITHIN THE POWERS AND SCOPE OF FUNCTIONS OF ANSWERING RESPONDENT: That the NCPCR, is a statutory body constituted under the provisions of the Commission for Protection of Child Rights (CPCR) Act, 2005 (4 of 2006) for the protection of child rights and other related matters. Further, it is respectfully submitted that the NCPCR derives its 13

powers and functions from the provisions prescribed under the CPCR Act, 2005 and is duty bound to fulfill its roles and responsibilities as monitoring body for child rights in the country. Programmes and policies of NCPCR define priority actions for the most vital yet vulnerable section of society i.e., children. Being an apex child rights body, the Commission is a monitoring authority for supervising the rightful implementation of various legislations relating to child rights in letter and spirit such as Juvenile Justice (Care and Protection of Children) Act, 2015 (u/s. 109); POCSO Act, 2012 (u/s.44) and RTE Act, 2009 (u/s. 31). 6.2 That it is humbly submitted that in the matter of National Commission for Protection of Child Rights and Others Vs Dr. Rajesh Kumar, (2020) 11 SCC 377, Hon’ble Supreme Court has held in para 8 that :

“Amongst many others, the main functions and powers which a Commission is required to perform are examining and reviewing the legal provisions enacted for protection of children so that they are effectively implemented; inquire into cases of violation of rights of children and recommend the initiation of proceedings in such cases; examining the factors which inhibit the enjoyment of rights by children in circumstances mentioned in Section 13(d) and recommend remedial measures; taking a deeper look into matters relating to children in need of care and protection, children in distress, children belonging to marginalised and disadvantaged sections, children in conflict of law, children without family or children of prisoners; to study various international instruments, treaties and policies, undertake research in the field of child rights, spread awareness about child rights; increase child literacy etc. Section 13(1)(i) 14

empowers the commission to itself inspect or cause to be inspected any juvenile custodial home or any other place of residence or institution meant for children whether such institution is run by the State Government or the Central Government or any other authority and includes institutions run by social organisations which, in our opinion, would include NGOs also. The Commissions can take up all other necessary functions and are required to present to the Central Government/State Government, as the case may be, reports in these regards.

6.3 That, in para 12 of National Commission for Protection of Child Rights and Others Vs Dr. Rajesh Kumar, (2020) 11 SCC 377, Hon’ble Supreme Court has held that-

“The jurisdiction of the State Commissions is limited to the State for which such Commission is constituted whereas the National Commission has jurisdiction all over the country and can inquire into any matter in any State.”

6.4 That, further, in para 13 of the afore-mentioned Judgement the Hon’ble Supreme Court, it has interpreted the powers and functions of inquiry of the National Commission under Section 13(1)(c) and (j) of the CPCR Act, 2005 and has stated that-

“Section 13(1)(c) empowers the State Commissions to inquire into the violation of child rights. In the context in which the word ‘inquire’ occurs in Section 13(1) (j), it obviously means something more than just making a request for information. It envisages the Commission playing an active role in ascertaining the facts relating to the three circumstances dealt with in this provision. It is more than just sending a letter. It is more akin to a preliminary inquiry and if such inquiry indicates that the rights of the children have been violated or the laws have not been implemented or the policy decisions or guidelines have been violated then the Commission 15

must also suggest remedial measures. This power to inquire under Section 13(1)(j) will also have to be read with the power under Section 13(1)(c) which includes the power to inquire into the violation of child rights and recommend initiation of proceedings in such cases. Reading these two clauses together it is obvious to us that ‘inquire’ is not making note on the file but something more. We are dealing with children who cannot complain. The Commissions are meant to protect children who have no voice. It is these Commissions who have to give voice and feelings to the distress calls of children. The Commission can, thereafter, act by itself if permitted under law or can recommend initiation of proceedings in accordance with law.” 6.5 In para 15 the inquiry of the Commission has been further interpreted in light of the powers and functions of the Commission-

“…. The follow up action which a Commission can take is also clearly set out in Section 15 of the CPCR Act which empowers the Commission to make recommendations to the concerned Government or authority for initiation of proceedings including prosecution or such other action as the Commission may deem fit. This is a recommendatory power but normally we would expect that the Government would accept the recommendation of the Commission in this regard. The second power given to the Commission is to approach the Supreme Court or the High Court for an appropriate writ, order or direction. The Commission can also recommend the grant of interim relief to a victim under Section 15(iii) of the CPCR Act. The aforesaid provisions which set out the powers relating to inquiries and steps to be taken thereafter clearly indicate that the inquiry contemplated is more than only gathering of information, and is more in the nature of an investigation or inquisition.”

6.6 In the light of aforesaid it is humbly submitted that the answering respondent has acted well within its power and functions provided by various Statutory provisions.

7. That it is most respectfully submitted that the while conducting its inquiry under Section 14 of the CPCR Act, 2005, the Commission had come across 16

observations/ concerns after looking at documents as well as status during inspection. The Commission during the inspection had made the following observations which were a violation of the norms of Juvenile Justice Act, 2015 and Rules, 2016-

7.1 Section 41/Rule 21 of the Juvenile Justice Act, 2015 (Registration of the Child Care Institution)- At the time of inspection the registration of institution had expired and application for renewal for was not provided to the inspection team at the time.

7.2 Rule 26 of the Juvenile Justice Rules, 2016 (Management and Monitoring of CCI)- There should be 02 counsellors on 100 children as per norms. Inspection team found that counsellors were less than 02. There should be 03 Child Welfare Officers on 100 children as per norms. Inspection team found out that child welfare officers were less than 03. There should be 04 House mother/house father on 100 children as per norms. Inspection team found that house mother/father were less than 04. There should be 02 cooks on 100 children as per norms. There was only 01 cook for 129 children living in the house. There should be 02 helpers on 100 children as per norms. There were no helpers at the time inspection. Police verification of all staff was not done at the time of inspection. Whereas Rule 26 states that no staff shall be employed without police verification. 3. Rule 29 of the Juvenile Justice Model Rules, 2016 (Physical Infrastructure)- 01 counselling room for 50 children as per norms, however there were no counselling rooms. 01 counselling room for 50 children as per norms. Counselling Rooms not available. Bathrooms were less than prescribed norms of 1:10 ie. 05 bathrooms for 50 children should be there. However, less number 17

of bathrooms were found at the time of inspection. Small children take bath in open as reported by the In-charge. Age-wise segregation of bathrooms was not observed to be followed in the institution. Toilets should be 08 for 50 children. However, it was noted that the No. of Toilets were below the prescribed norms of 1:7. Only 9 toilets were found to be present in the said Home for children, which were not segregated as per age criteria of children. Though reportedly, the facilities were different. However, at the time of inspection, children and staff were noted to be sharing the same wash room facilities at the time of inspection. 02 rooms should be there for sitting of Juvenile Justice Board or Child Welfare Committee as per norms. There was no room for Child Welfare Committee in the institution. Weekly Programme Schedule was not displayed. The Rule provides that there shall be proper and non-slippery flooring for preventing accidents. There shall be adequate lighting, heating and cooling arrangements, ventilation, safe drinking water, clean and accessible gender and age appropriate and disabled friendly toilets and high walls with barbed wire fencing. However, at the time of inspection, there was no appropriate maintenance of ceilings walls, floor coverings, draperies, curtains, blinds, furniture, fixtures, and equipment. This rule provides for age segregation of children, however, at the time of inspection, the staff and the management had not done segregation of children as per the age groups, rooms of the Home were not segregated and there was interaction of minor children with the elder children. There were no separate facilities for the staff and the children. One first aid box was provided at the time of inspection. However, it was noted that very basic medications were there, out of which 18

some of them had already crossed its expiry dates. Further, this institution was housing children in Porta Cabins which are temporary structures for stay and could be hazardous for children. 4. Rule 38 of the Juvenile Justice Model Rules, 2016 (Recreational Facilities)- This Rules provides that Recreational facilities may include indoor and outdoor games, yoga and meditation, music, television, picnic and outings, cultural programmes, gardening and library, etc. and that there should be sufficient space available for outdoor sports and games. At the time of inspection, the Commission observed that there were not enough toys and play materials available in the said Home and no space for indoor recreational facilities. 5. Rule 30 of the Juvenile Justice Model Rules, 2016 provides for norms for Clothing, Bedding, Toiletries and other Articles- At the time of inspection, it was noted that some children were found to be sharing beds as individual bed were not available for them. Clothes and beddings and linens were found to be unclean and damp in several rooms. Though lockers with beds were observed but many of them were on sharing basis and did not have lock and key at the time of inspection. Some coolers found to be unsafe with risk of electrical shock due to open access to wires. Children were kept in Porta Cabins. 6. Rules 34 of the Juvenile Justice Model Rules, 2016 provides for norms for medical care in the institution- It was reported that one trained nurse has been appointed by the said Home; however, no nurse was found present on the day and at the time of the inspection. No information was provided regarding staff being trained to administer first aid. 19

7. No Rehabilitation cum placement officer was found at the time of inspection which was observed to be a violation of Rule 65 of the Juvenile Justice Rules, 2016. 8. Rule 77 of the Juvenile Justice Rules, 2016 provides for norms for maintaining records and registers in the institution- Case files of each child available, but not properly updated. Staff-child interaction details not recorded properly. Individual Care Plan of children was not maintained properly. True Copy of the inspection report to show detail observations and recommendations made by NCPCR is marked and annexed herewith as ANNEXURE R-3 (Pg___to50 Pg___).96 8. That it is most humbly submitted that after conducting the inspection of the institution, the Commission called for documents from Centre for Equity Studies and Ummeed Aman Ghar. The Commission, in furtherance to its inspection of the institution also called for documents from Department of WCD and Department of Education, Govt of NCT of Delhi and Delhi Police. On the basis of the observations of the inspection and the documents submitted by these authorities, the Commission came across the following findings- 8.1 MoU under Samgra Shiksha Abhiyan- At the time of inspection, it was informed to the Commission that the institution had a MoU cum agreement with the Govt of NCT of Delhi under Samgra Shiksha Abhiyan and had been receiving funds for operating a universal Residential Hostel for Urban Deprived Children for children not enrolled in schools. In pursuance to the monitoring powers of the Commission as given under Section 31 of the Right to Education Act, 2009 the Commission called for documents from Department of Education, Govt of NCT of Delhi and was informed by vide their letter about the approved amount to be given to the Ummeed Aman Ghar for FY 2017-18, 2018-19 and 2019-20 and the copy 20

of the MoU cum agreement was also provided. The MoU provided to the Commission was valid from 01.04.2019-31.03.2020. (The latest MoU for the year 2020-21 was not shared). After examining the documents given by the Department of Education and Ummeed Aman Ghar, the Commission made the following observations- a. Qualification of teachers employed in these institutions was not in consonance with the provisions of the MoU. Some teachers below the prescribed qualification were also employed for imparting education in this institution which was a violation of the terms of the MoU. b. The MoU mandated for police verification of all staff working in the institutions of CES but at the time of inspection, it was seen that police verification of all staff had not been done and Centre for Equity Studies was in violation of the MoU. c. The MoU also provided that DCPCR Act and rules should be implemented by Centre for Equity Studies, however, it was unclear as to what statute the MoU was talking about as there is no DCPCR Act or Rules implemented. d. As per the MoU between the Delhi Govt and the NGO- Centre for Equity Studies, these institutions were to operate classes for children between 6-14 years, however, a play school was also operational in the institution, which was in violation to the purposes of the MoU under SSA. 8.2 Visit of Foreign nationals- The Commission at the time is inspection was informed about the visit of foreign nationals in the institution. The Commission had observed that there were frequent visits of foreign nationals said to be providing voluntary services in this institution. As per the information provided by Centre for 21

Equity Studies, the Commission had received a list of foreign nationals who had visited these Homes since 2016. Upon further inquiry of the Commission in this matter, the Commission has been informed that these foreign nationals had travelled to India on employment visas and tourist visas and while they were here, they had given voluntary services in these two institutions. It was unclear to the Commission that on what basis were these foreign nationals permitted to give voluntary services in these institutions and interact with children while their visit to India was for other purposes. 3. Conflict of Registration of these Homes- The Centre for Equity Studies has provided information about MoU signed between the Delhi Govt and the NGO-Centre for Equity Studies under the Samgra Shiksha Abhiyan. Through the documents provided to the Commission, it was seen that the validity of the MoU under the SSA was for one year. It was observed by the Commission that although the validity of the MoU for the usage of the building under Samgra Shiksha Abhiyan was for one year as Residential Hostel, this institution was registered as Child Care Institution under Section 41 of the Juvenile Justice Act, 2015 for five years. 4. That, the Commission while conducting its inquiry had also come across about the information of child sexual abuse cases being reported in Ummeed Aman Ghar for Boys in 2012. The Commission had later, during its inquiry also had been informed that child sexual abuse cases had been reported in 2013 and 2016 as well in this institution. The Commission, further, while looking into this issue of child sexual abuse had observed that after the child sexual abuse case of 2012 in this institution, a court case before the Hon’ble Delhi High Court Urmila Devi & Ors. v/s Child Welfare Committee & Ors. W.P (C) No. 7239 of 22

2012 had also been filed in which the Hon’ble Court noted and directed the respondents to ensure that the three affected children are to be taken back from the Child Care Institution and sent back to their parents. The Hon’ble Court was assured that respondents will take appropriate disciplinary action as per Hon’ble Court’s directions or in any other manner known to law against the concerned Manager who allegedly did not report these child sexual abuse to the institution. The Hon’ble Court directed the Govt of NCT of Delhi to take appropriate action in this regard. However, after examining the documents submitted before the Commission with regard to the steps taken by the Department of WCD, Govt of NCT of Delhi post orders of the Hon’ble High Court, the Commission observed that despite repeated inspections of the Child Welfare Committee of the institution, the institution had not segregated the children age-wise and this observation was also noted many times by the Child Welfare Committee as well post 2012 child sexual abuse case. However, even at the time of inspection of the Commission on 01.10.2020, the institution was not practicing age-segregation and moreover, the same facilities were being used by the staff and the children. The Commission observed this to not only be a violation of the provisions of the Juvenile Justice Act, 2015 and its Rules, 2016 but was also observed to be detrimental to the psychological and social development of the children. That the Commission would also like to state that after conducting its inspection in the institution, an employee of the institution had informed the Commission about the child sexual abuse cases being reported in the institution presently and that the management of the institution being aware of these child sexual abuse cases was not taking any action in them. The Commission observed this to be a gross violation of the provisions of the POCSO Act, 2012 and had immediately reported about this to Delhi Police for further 23

investigation as well. True Copy of the letter dated 30.11.2020 is annexed herewith and marked as Annexure R-4 ( Pg No. ___97 to Pg. No ____).98 5. During the focused group discussions between the children and the Commission, the children have informed that children have informed that elder boys were sent in protests and that one child had said that “Modi ji kewal hindu ki sunte hai aur Pakistan mein ladte hai”. During the focussed group discussions, it was made out that these children had been taken to the protest sites. Therefore, the Commission prima facie was of the view that violation of child rights has happened in this matter and that taking children to the protest sites is prima facie a violation of Section 83(2) of the Juvenile Justice Act, 2015. The Commission prima facie also observed that the inadequate facilities being given to children and the fact that they were not being provided with the minimum standards of norms laid down by the Juvenile Justice Act, 2015 and Rules, 2016 was prima facie a violation of Section 75 of the Juvenile Justice Act, 2015 and Section 491 of the IPC. 6. The Commission, in addition, also came across documents and information about the multiple sources of funding of the institution wherein the institution was receiving funds from Govt of NCT of Delhi under the Samgra Shiksha Abhiyan, DUSIB, CAN-Assist Society through Aman Biradri under the ‘Dil Se Campaign’ and under the ‘Rainbow Homes Program’ from Association for Urban and Rural Needy (ARUN) and Rainbow Foundation of India. The Hon’ble Court may be pleased to note that Centre for Equity Studies while providing information about grant of funds to them and its two institutions in Delhi (Ummeed Aman Ghar for Boys and Khushi Rainbow Home for Girls) had failed to disclose a material fact regarding the funds being 24

received from Rainbow Foundation India and Association for Rural and Urban Needy (ARUN) under the Rainbow Homes Program. The Commission was made aware about the association of this institution through the website of Centre for Equity Studies, that this child care institution is receiving funds from Rainbow Foundation of India and ARUN under the ‘Rainbow Homes Program’ as well. Upon further inquiry of the Commission, it was informed by ARUN (NGO) that Association for Rural and Urban Needy (ARUN) and Rainbow Foundation India have collaborated jointly to anchor care program for marginalized children, called ‘Rainbow Homes Program’ and under this program, these organizations are funding the Child Care Institutions (Rainbow Homes). The Commission would like to highlight here that, both Rainbow Foundation India and ARUN have informed that Ummeed Aman Ghar in Delhi are jointly managed and funded by these two NGOs as well. This concealment of vital information regarding the funding and management of this child care institutions indicates the malafide intentions of these organizations to conceal the true and correct facts related to the sources and utilization of their funding. For this reason, the Commission was then compelled to take steps necessary to look into the funding of this institution and then made recommendations for inquiry for the same to the concerned specialized agencies.

9. That it is most respectfully submitted that it was only after the Commission had conducted its inquiry and received information about the management and monitoring of the institution from Ummeed Aman Ghar, Centre for Equity Studies and the concerned authorities that the Commission then wrote to the concerned authorities with is recommendations and for further investigation on the recommendations of the Commission. The 25

recommendations made by the Commission were in no way beyond the scope and mandate of the Commission, rather those recommendations were incorporating the observations that were made by the Commission at the time of inspection and the lacunas and discrepancies noticed by the Commission after examination of the information received from the authorities. That it most respectfully submitted that the Commission in no way had made any recommendations against the institution that were prejudicial in nature to the petitioner and had asked for taking necessary action by the authorities in the matter that was appropriate in the best interest of children living in the institution. The Commission had accordingly, wrote letters to Department of WCD and Department of Education, Govt of NCT of Delhi, Delhi Police, Economic Offences Wing and Ministry of Home Affairs for necessary action. The Ministry of Women and Child Development was informed about the inspection and inquiry of Ummeed Aman Ghar for Boys as well. The Commission keeping in view of its observations as mentioned above and the discrepancies noted recommended for shifting of children from the institution to a suitable institution for them. True Copy of letters issued to Department of WCD, Department of Education, Delhi Police and Economic Offences Wing (Delhi Police) is annexed herewith and marked as Annexure R-5 ( Pg No. 99___ to Pg. No106 ____) Colly.

10. That it is most respectfully submitted that the Commission in the inspection and inquiry of this institution has not gone beyond its mandate as prescribed under various child protection Acts and Rules. That, the Commission has done its preliminary inquiry which was limited to observations of violation of child rights and then forwarded those observations to authorities for necessary action in the matter. That the Hon’ble Court may please note that the inspections which had been done by the Delhi State Commission for 26

Protection of Child Rights and Child Welfare Committee and the Department of WCD were post the inspection of the Commission. Therefore, it cannot be said that the observations made by the Commission at the time were biased and wrong. In fact, the Commission in the observations made in the institution has asked the concerned Ministry/ Department/law enforcement agency to investigate into the matter for the best interest of children. That, the actions taken by the Commission were in line with the powers and functions prescribed to the Commission and were done keeping in view of the safety and welfare of children living in this institution.

11. That it is most respectfully submitted that the Commission while looking into the sources of funding of the institution, had come to know about the “Rainbow Home Program” which is a collaboration of ARUN and Rainbow Foundation India and are jointly funding and managing a total of 53 child care institutions across the country. This institution, Ummeed Aman Ghar for Boys, South Delhi is also a part of the Rainbow Homes Program and is receiving funds from both ARUN and Rainbow Foundation India. Therefore, the Commission, keeping in view of the gross violations found in the child care institution in Delhi and that these other institutions are funded and managed by the same orgainizations, was compelled under its functions and powers under Commissions for Protection of Child Rights Act, 2005 to conduct inspections of all child care institutions running under the Rainbow Homes Program across the country to ensure the safety and well-being of the child in need of care and protection living in these institutions. The Commission has so far conducted inspections in Bihar, Karnataka, Tamil Nadu, Telangana, Andhra Pradesh and Maharashtra. The inspection of child care institutions are yet to be done in West Bengal. 27

12. That it is most humbly submitted that the Commission while conducting inspections in the child care institutions of these States have found many violations of Juvenile Justice Act, 2015 and its Rules, 2016 and Indian Penal Code. In many institutions, there were violations of norms of Right to Education Act, 2009 as well. In one of the child care institutions inspected in Patna, the Commission has come across a capacity building register where it was found written that NRC, CAA, Fund Raising Training was conducted on 20.12.2019 of the children by KDDC/MIS/RMU/Finance, State, Org. and one of the participants in the said training was the staff member of the CCI. The Commission at the time of inspection had collected documents and registers which indicated that the children living in this institution were being given training and discussions were being held with them on NRC and CAA, to which these children are not connected. The Commission had forwarded this matter to SSP, Patna for necessary action and the Bihar Police (Danapur Police Station) has now registered an FIR against this CCI under Sections 124A, 153A, 505 (2) of Indian Penal Code, 1860 and 75 of Juvenile Justice Act, 2015 on 23.03.2021.

13. That it is most respectfully submitted before this Hon’ble Court that in many child care institutions running under this Rainbow Homes Program (which is being managed by these NGOs managing the Ummeed Aman Ghar), there was no valid registration under Section 41 of the Juvenile Justice Act, 2015 found and that in many institutions it was observed that they had obtained provisional registration under Section 41 of the Act, 2015 just prior to the inspection of the Commission. In Chennai out of the 03 institutions, 01 institution was unregistered; in Patna out of the 05 institutions, all 05 were unregistered; in Bangalore out of the 05 institutions, all 04 institutions had obtained provisional registration prior to the inspection of the Commission. The children staying in these institutions had 28

not been produced before the Child Welfare Committee and were living without the orders of the Committee which is also a violation of the procedure laid down under the Act, 2015. In Chennai out of the 03 institutions, 01 institution had not produced children before Child Welfare Committee; in Patna out of the 05 institutions, all 05 had not produced children before Child Welfare Committee; in Bangalore out of the 05 institutions, 03 institutions had not produced children before Child Welfare Committee, in the one institution inspected in Andhra Pradesh, many children living without orders of Child Welfare Committee. True Copy of the inspection report of Bangalore, Chennai, Patna and Andhra Pradesh is marked and annexed herewith as ANNEXURE R/6 (Pg_____to107 Pg_____).165

14. That it is most respectfully submitted before this Hon’ble Court that the actions of the Petitioner in this case warranted for such necessitated steps to be taken by the Commission to make such recommendations to the concerned authorities and to request them to undertake necessary investigation into the observations of the Commission. That, the Commission after receiving the said complaint was obligated to fulfill its responsibilities as provided under CPCR Act, 2005 and to ensure the safety and well-being of the children in the institution.

15. That it is most humbly submitted that, the answering respondent has acted only in the capacity of an inquiry agency and not as an investigating authority. The answering Respondent perusal to its inspection and inquiry had only recommended the authorities based on the observations made by the answering respondent out of the inspection and inquiry. Therefore, the answering respondent herein is not the agency to pass any order for the punishment. That it is most humbly submitted that the steps taken by NCPCR is in no way infringe the rights of the Petitioner, as NCPCR, while 29

working under its mandate, is only concerned about the violations of child rights and the well-being of children living in this institution. Therefore, this Hon’ble Court is most humbly requested to take in view of the serious offences committed by the Petitioner and may please be obliged, in the interest of justice, to let the investigation in this case to continue so as to bring the true and correct facts to light and for serious action to be taken against those involved in this matter.

16. That the contentions made by the petitioner stating the prejudice held by NCPCR towards the petitioner is baseless and an erroneous presumption, with a malafide intention to impede the inquiry of the law enforcements authorities in this matter and obstruct the process of probing into the true and complete facts of the present case. This Writ Petition has been filed on frivolous grounds by the Petitioner to only evade the inquiry of the concerned authorities against him and to criticize the bonafide actions of NCPCR. While the inquiry of the law enforcement agencies in this case is ongoing, the Petitioner with an intention to cause delay in the inquiry, filed this Writ Petition before this Hon’ble Court.

17. That, it is most respectfully submitted that, NCPCR while fulfilling its duty and obligations under the CPCR Act, 2005 and the POCSO Act, 2012 has adhered to its prescribed mandate and that, its actions in this case are without any prejudice or infringement of rights of the Petitioner.

18. That, it is most respectfully submitted that, in view of the facts, circumstances and submissions made herein above, this Hon’ble Court may kindly be pleased to dismiss the writ petition with heavy cost.

19. That, it is most respectfully submitted that, facts stated in this reply affidavit are true to the best of my knowledge and information as derived from official records.

ANNEXURE R/1 31

Digitally Signed By:DINESH SINGH NAYAL

Signing Date:08.04.2021 17:15:30 $~36 & 51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4288/2021 & CM APPL. 13042-43/2021 UMMEED AMAN GHAR FOR BOYS ..... Petitioner Through: Mr. Kapil Sibal, Sr. Advocate with Mr. Sarim Naved, Mr. Nizam Pasha, Md. Ankita Ramgopal, Mr. Imroz Alam & Ms. Anshu Davar, Advocates. versus NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS...... Respondents Through: Mr. Gautam Narayan, ASC with Ms. Dacchita Shahi, Advocate for R-2 to 5. AND + W.P.(C) 4236/2021 & CM APPL. 12871-72/2021 KHUSHI RAINBOW HOME FOR GIRLS THROUGH: C O CENTRE FOR EQUITY STUDIES ..... Petitioner Through: Mr. Kapil Sibal, Sr. Advocate with Mr. Sarim Naved, Mr. Nizam Pasha, Md. Ankita Ramgopal, Mr. Imroz Alam & Ms. Anshu Davar, Advocates. versus NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS...... Respondents Through: Mr. Santosh Tripathi & Mr. Shasank Tiwari, Advocates. CORAM: JUSTICE PRATHIBA M. SINGH ORDER % 07.04.2021 1. This hearing has been done through hybrid mode (physical and virtual hearing).

W.P.(C) 4288/2021 & W.P.(C) 4236/2021 Page 1 of 3 32

Digitally Signed By:DINESH SINGH NAYAL

Signing Date:08.04.2021 17:15:30 CM APPL. 13043/2021 & CM APPL. 12872/2021 (for exemptions) 2. Allowed, subject to all just exceptions. Applications are disposed of. W.P.(C) 4288/2021 & CM APPL. 13042/2021 W.P.(C) 4236/2021 & CM APPL. 12871/2021 3. The present petitions have been filed by the Petitioners/Institutions challenging the Inspection Report given by the Respondent No.1 - National Commission for Protection of Child Rights (hereinafter ‘NCPCR’) under Section 15(i) read with Section 13(1)(j) of the Commissions for Protection of Child Rights Act, 2005 (hereinafter ‘Act, 2005’) pursuant to which, prosecution has been directed against the Petitioner/Institution. The Petitioners/Institutions also challenges the show cause notice dated 21st January, 2021 issued by Respondent No. 2 - The Samagra Shiksha Abhiyan, which was based on the Inspection Report of the NCPCR. 4. The submission of Mr. Kapil Sibal, ld. Senior Counsel appearing for the Petitioner/Institution is that under the scheme of the Act, 2005, the material based on which the recommendations were made, including a copy of the complaint received against the Petitioners, ought to have been put to the Petitioners. He further submits that prior to the recommendations contained in the Inspection Report being given, the Petitioners ought to have been heard. 5. Insofar as the Delhi Government is concerned, a show cause notice is stated to have been issued pursuant to the said recommendations. The Petitioner/Institution is stated to have filed a reply to the same. 6. Issue notice to the NCPCR. NCPCR would place on record an affidavit stating the procedure followed by it while conducting an enquiry under Section 13 of the Act, 2005, as well as, while giving the

W.P.(C) 4288/2021 & W.P.(C) 4236/2021 Page 2 of 3 33

Digitally Signed By:DINESH SINGH NAYAL

Signing Date:08.04.2021 17:15:30 recommendations under Section 15 of the Act, 2005. 7. Insofar as the show cause notice issued by the Delhi Government is concerned, since the Petitioners have been issued a copy of the show cause notice, and a reply to the same has been filed, proceedings in respect of the show cause notice shall continue in accordance with law. 8. Counter affidavits be filed in four weeks. Rejoinder within four weeks thereafter. Any action taken by the Respondents shall be subject to the outcome of these two petitions. 9. List on 27th July, 2021. PRATHIBA M. SINGH, J APRIL 7, 2021 Rahul/Ap

W.P.(C) 4288/2021 & W.P.(C) 4236/2021 Page 3 of 3 ANNEXURE R/2 34

Unique Code State: ******** District: ******* Educational Facility: Available Name of Institute: *********************** Type of Facility: ******

Status Remarks Acts/Rules Indicator (Red for No, Green (In case of No Compliance or Partial

for Yes) Compliance) Sections Registration of the Parent Organization under SR/Trust/Companies Act

Registration No. of the Parent Organization Section 41/Rule 21: under SR/Trust/ Companies Act Registration of the Registration of the Parent Organization Child Care under JJ Act Institutions Registration No. of the Parent Organization LEGALSTATUS under JJ Act Registration under 12A of Income Tax Act FCRA Registration (if any) Rule 18 & 19: Total number of Children placed in Production before a Children’s Home

Committee and Number of Children living in the Home Inquiry without the order of CWC Rule 39: Management Committee (MC) Management Average Number of meetings conducted in Committee a year FUNCTIONING Children’s Committees (CC) constituted Rule 40: Children’s Average Number of meetings conducted in Committees a year 1 Office in Charge 2 Counselor 3 Child Welfare Officer/ probation officer/Case workers 4 House Mother/ House Father 1 Medical Officer (Physician) 1 Para medical staff 1 Store keeper cum accountant 1 (part time) Art & Craft cum music teacher 1 (part time) PT instructor cum Yoga Trainer Rule 26: 1 Driver Management & 2 Cook Monitoring of Child Care Institutions 2 Helper 2 House Keeping

1 (part time) Gardener

Any Other Personal files of each staff are available STAFF including- Records of Recruitment Reference Check Work Profile Performance Appraisal Female Superintendent / Manager /In- Charge available for girls’ unit Training organized for the staff on — Child Rights Protection Rule 89: Training of Care Giving Personnel Dealing Rehabilitation with Children JJ Act ICPS Rehabilitation-cum-Placement Officer Rule 65: (Masters in Social Work or Human Rehabilitation-cum- Resources Management and at least three Placement Officer years’ experience in the field of

Status Remarks Acts/Rules Indicator (Red for No, Green (In case of No Compliance or Partial

for Yes) Compliance) Sections rehabilitation, employment creation and resource mobilization)

Rule 61: Duties of Superintendent/Manager/ In-charge stay the Person-in- on the campus charge of a CCI Education (Class room) Dormitories Kitchen Counseling Recreation

Sick room Library Visitors’ room Vocational training Rule 29: Physical Dining hall Infrastructure Store Record room Office room Staff Residence PHYSICALINFRASTRUCTURE Bathrooms Toilets Sitting of CWC Type of accommodation Computer with internet Boundary wall/fencing Records stored safely Sign board displayed indicating name, type of CCI, contact details Essential Details including- Emergency Numbers Duty Chart Menu Chart Attendance Status Weekly Programme Schedule Safe transport facility for children attaining education outside the campus Separate facilities for children from staff and management Facilities and support (equipment, staff, teaching and learning materials/aids) for Rule 29: Physical children with visual needs Infrastructure Facilities and support (equipment, staff, teaching and learning materials/aids) for children with hearing needs Facilities and support (equipment, staff, INFRASTRUCTURALSAFETY teaching and learning materials/aids) for children with special needs(Mental Health) Facilities and support (equipment, staff, teaching and learning materials/aids) for children with special needs other than those mentioned above Rooms and dormitories being free of unstable heavy equipment, furniture, or other items that children could pull down on themselves Good condition of ceilings walls, floor coverings, draperies, curtains, blinds,

Status Remarks Acts/Rules Indicator (Red for No, Green (In case of No Compliance or Partial

for Yes) Compliance) Sections furniture, fixtures, and equipment Clear guidelines regarding access of staff/visitors in identified areas especially in children’s dormitories/toilets Privacy maintained in toilets and bathing areas Rule 67: Security Basic emergency medical care equipment Measures available Special emergency medical care equipment available Child friendly bathrooms / bathing areas (1:10) available exclusively for children Child friendly toilets (1:7) available exclusively for children Rule 31: Sanitation Safe & purified drinking water storage is & Hygiene available Safe & purified drinking water is provided to all children Proper drainage and garbage disposal facilities available Enough/safe toys are available and Rule 38: accessible to children Recreational Enough suitably equipped outdoor space Facilities for play is available and accessible to children

Section 41: Total number of children present at the Registration of Child Children’s Home are less than its capacity Care Institutions or as per its capacity Individual beds are available & provided to

children Children segregated according to age group Rule 29: Physical for stay & activities

Infrastructure Children segregated according to gender CHILDCAREFACILITIES for stay & activities Activities are conducted under staff Rule 34/35: Medical supervision to minimize the risk of injury to Care & Mental children or respond as promptly as possible Health Active supervision of children in emotional distress (due to fear, trauma, or illness) A written child protection policy Child Protection Policy is adhered to by staff & Management

Functional & accessible complaint and grievance redressal mechanism including for abuse prevention is in place, such as- Suggestion Box 1098 Hotline CCTV Cameras Rule 76: Abuse & Children Committees Exploitation of the child Regular Staff-Children Interface Training & Orientation of care givers Training & Orientation of children Adequate measures to prevent any form of physical /emotional abuse of children for the purpose of disciplining (corporal

PREVENTION & PROTECTION FROM ABUSE PREVENTIONPROTECTIONFROM & punishment) like use of abusive language, insulting, humiliating, name calling, hitting, spanking, shaking, biting, pinching, or any other measure that results in mental or

Status Remarks Acts/Rules Indicator (Red for No, Green (In case of No Compliance or Partial

for Yes) Compliance) Sections physical pain/ discomfort/ trauma

Restricting/restraining children’s movements by binding, tying or any other form Withholding of food, rest or toileting. Daily routine of activity is followed Daily routine is drawn up in consultation Rule 32: Daily with the children’s committee and/or with Routine children’s participation or as per the need Daily routine is on public display at DAILYROUTINE prominent places in the institution Staff is aware of the nutritional requirement of children at varying stages of development Meals are planned in consultation with children Meals are provided in accordance with

prescribed norms/diet scale

Birthdays of children are celebrated Rule 33: Nutrition & Special meal is provided during Diet Scale festivals/occasions

NUTRITION Special diet is provided to sick/special health children, as per advice of Doctor Home receives sponsored cooked/uncooked food items, lunch, dinner etc. from donors Cooked food if sponsored is tasted/checked by care giver before serving All children are provided individual, clean, seasonal & age appropriate clothes, articles Rule 30: Clothing, & toiletries as per norms Bedding, Toiletries All children are provided individual, clean, and other articles seasonally appropriate mats & sleeping materials as per norms

Sleeping material is cleaned /sanitized regularly or before reuse as needed Rooms are regularly fumigated, disinfected & material provided to each child for Rule 31: Sanitation prevention of infection & disease & Hygiene Each child has been allocated a secured space to store personal belongings Old articles like clothes, bed sheets, mats, bedding, etc. if donated, are cleaned/ disinfected before use

CLOTHING,BEDDING HYGIENE Whether following facilities available in Home for children: Fans Coolers Air Conditioner

Heaters for Winter

Every child undergoes a health check-up on admission Rule 34/35: Medical Every child has regular health checkups Care/ Mental Health Every child has health card & the

records/files are maintained & updated HEALTHCARE Nurse/paramedical staff is available in the

Status Remarks Acts/Rules Indicator (Red for No, Green (In case of No Compliance or Partial

for Yes) Compliance) Sections home at night Medicines are administered to the child by a staff/ nurse Staff is trained to provide First Aid Rule 36/69: Educational assessment is conducted & Education/ need of every child addressed Institutional All children are provided with age Management of appropriate formal education Children Age appropriate, feasible & market oriented vocational training is provided EDUCATION Rule 37: Vocational Children are consulted in selecting Training vocational training being provided to them Age appropriate life skill education is provided Indoor recreation facilities are available for children Outdoor recreation facilities are available Rule 38: for children Recreational Staff engage with children in such Facilities recreation activities

RECREATION Any innovative activities to develop cooperation/ participation, resilience, etc. are harnessed All children admitted to the home are Section 31/ Rule 18: produced before CWC within the Production before prescribed time limit Committee All children in the home are housed in compliance with CWC orders The case history of each child is submitted before CWC within the stipulated time period as directed The home has made efforts to trace the biological family/guardian of the child Home submits any report of its own efforts to trace biological families to the CWC Rule19 / 69: Individual Care Plan is prepared for every Inquiry/ Child Institutional

If yes, Individual Care Plan is prepared for ADMISSION & REPORTING & ADMISSION

- Management of Children every child is being implemented A professional Social Worker or experienced personal has prepared the Individual Care Plan (ICP) for every child ICP has been prepared for children in the Home within 30 days of admission of the child Home maintains a master admission register Home updates the master admission register in Track Child Number of children present tallies with the Rule 77: attendance register as on date Maintenance of ADHERENCE TO JUVENILE JUSTICE RULESADHERENCE JUVENILE JUSTICE TO Registers Number of children admitted during a particular year matched with the children present at the end of the year after excluding placement in families (restoration, repatriation), death, transfer & leave without permission (if any) Rule 22: Open Monthly data about children is sent to

Status Remarks Acts/Rules Indicator (Red for No, Green (In case of No Compliance or Partial

for Yes) Compliance) Sections Shelter DCPU as the case may be Home reports all cases of admission, restoration, transfer, adoption, death & leave without permission of children from the institution, to Competent Authority, Rule 73: State Government, DCPU, as the case may Maintenance of be Case File Every child is restored through CWC Documentary proof of restoration- parent/guardian letter with identity proof regarding the same is available All the relevant information i.e. -- Correspondences ICP Case History Inquiry report Rule 73: CWC Orders Maintenance of Medical Examination Report (MER) Case File Home Study Report (HSR) Birth Certificate

Court order Quarterly Progress Report Health report Report of counselor or social worker, social history/case history of each child is available in the personal file Initial reports of interaction with the child

are on record

RECORDS ®ISTERS RECORDS - Master Admission & discharge register Supervision register Case file of each child Medical File & Medical Report Attendance register of children & staff Order Book Inquiry report file Children’s suggestion book/file Rule 77: Voucher, Cash Book, Ledger, Journal & Maintenance of Annual Accounts Registers Grant utilization register Stock register

Record of minutes of meetings of-- HMC ADHERENCE TO JUVENILE JUSTICE RULESADHERENCE JUVENILE JUSTICE TO CC Staff-Children interaction Staff-Meetings Nutrition/diet register Budget statement register Individual case file with individual care plan Visitors’ book Staff movement register Personal belonging register Children’s movement register

Details of information about the sources of funding & that of the organisation as whole/ separately available Sources of Funding- Govt. aid/grant National Donors FINANCIAL FINANCIAL International Donors (FCRA)

TRANSPARENCY Corporate Donors

Status Remarks Acts/Rules Indicator (Red for No, Green (In case of No Compliance or Partial

for Yes) Compliance) Sections

Own sources Others Details of project wise Bank Account(s) maintained by it with A/c No, purpose, amount received including FCRA Account available The home submits a copy of audited accounts of organization with its audit report & Annual Report within six months from date of closing of financial year, to Accounts & Audit State Govt. The accounts are audited annually by an authorized Chartered Accountant The home has provided copies of Audited Statement of Accounts & FC Returns for last 2 years to the competent authority Grants are released as per norm & time taken for The home has been inspected by the Inspection Committee Rule 41: Inspection Feedback was provided on the inspection by the Inspection Committee The feedback report is positive The home has been inspected by the Child Section 30: Welfare Committee Functions and Feedback was provided on the inspection Responsibilities of by the Child Welfare Committee Committee The feedback report is positive The home has been inspected by the JJ Committee of the High Court Feedback was provided on the inspection by the JJ Committee of the High Court Inspections The feedback report is positive conducted by JJ The home has been inspected by the Committee and appropriate authority of Department of Department of WCD WCD Feedback was provided on the inspection by appropriate authority of Department of WCD The feedback report is positive

INSPECTIONS The home has been inspected by the National Commissions for Protection of Child rights Feedback was provided on the inspection Rule 91: Monitoring by the National Commissions for Protection by National/State of Child rights Commission for The feedback report is positive Protection of Child The home has been inspected by the State Rights Commissions for Protection of Child rights Feedback was provided on the inspection by State Commissions for Protection of Child rights The feedback report is positive Previously, Social audit has been conducted

of the home & the report has been positive The home has a copy of the inspection recommendations and record of action Rule 41: Inspection thereof Any improvement has taken place based

Status Remarks Acts/Rules Indicator (Red for No, Green (In case of No Compliance or Partial

for Yes) Compliance) Sections on the Inspection Reports Rule 34: Medical Medical care and Mental health services Care for children Rule 36: Education Education Rule 37: Vocational Vocational training Training Life Skills, Art & Dance & Drama therapy Rule 38: & Occupational therapy & other issue- Recreational based workshops Facilities Recreational activities including sports Hobby classes Rule 35: Mental Health including speech/physiotherapy

Health

Rule 39: Management Legal aid services Committee Rule 27: Fit Facility De-addiction services With appropriate authorities for birth registration, identity proof & reserved/ special category certificate The home has established linkages with other CCI for rehabilitation of children with special needs

PROGRAMMATIC LINKAGES PROGRAMMATIC Restoration & Rehabilitation of children and their linkage established with- CWC JJB CHILDLINE DCPU DSFAC Details of adoptable children have been

uploaded on CARINGS Section 65: Specialized Adoption Agency is located in Specialized the same premises Adoption Agency Any other Institution is also located in the

same premises

Background

Qualitative Findings from the Institute

1. Details of meetings, decisions of the Children Committee

2. Personal Files/Records of the Staff

3. Transport for children attaining education outside campus

4. Details of Child Protection Policy & Measures

5. Measures taken to prevent any form of abuse of children

6. Daily Routine Chart for Children

7. Health Check-up of Children

8. Provision of age-appropriate formal education opportunities

9. Innovative Activities for developing cooperation & resilience

10. Sources of funding for the institution

11. Availability of library facility in the institution

12. Inspections conducted and actions taken

13. Children in Need of Care & Protection (CNCP)

Specific Recommendations

1. Legal Status

2. Functioning

3. Staff

4. Physical Infrastructure

5. Infrastructural Safety

6. Child Care Facilities

7. Prevention and Protection from Abuse

8. Daily Routine

9. Nutrition

10. Clothing, Bedding and Hygiene

11. Medical Care

12. Education

13. Recreation

14. Adherence to JJ Act & Rules

15. Financial Transparency

16. Inspections

17. Programmatic Linkages

Violations

1. Violation of JJ Act,2015 and Rules,2016

2. (a) Violation of POCSO Act, 2012

2. (b)If yes, whether Section 19 of the POCSO Act was followed?:

3. Any Other Violation/Observation/Remarks: None. *****

TOOL- B

Focus Group Discussions (FGD) with Children

Focus Group Discussion (FGD) is a qualitative research tool to seek detailed information and deep insight on a particular topic from a group of people. This aims to build a decentralized, transparent and accountable monitoring mechanism ensures child participation and strengthen the voice of the children in providing information regarding the children in the Homes.

1. General Principles to Conduct an FGD

The following General Principles has to be followed throughout the conduct of FGD:-

1. Confidentiality 2. Transparency 3. Participation

Keep the questions simple and general. Show that you are genuinely interested in the child/children.

2. Composition of the Focus Group: facilitators should speak to the children in child friendly manner in defining a Focus Group it a common characteristic such as age, gender should be ascertained so that the participants can feel relaxed, express their underlying personal inhibitions without any fear.

3. Number of children- To be conducted with 8 to 12 children (suggested) in a group separately for boys and girls. (Depends on the number of children in home)

4. Duration- 60-90 minutes

5. Age group- Same age group

6. Introduction by team.

Facilitators will begin with introducing “NCPCR and its activities”, National Commission for Protection of Child Rights (NCPCR) is the highest institution for the protection of the Rights of the Child in the country. The Commission is situated in New Delhi. The Team is visiting various homes for children to assess their situation. “We are here to get your views on your experiences in the Home”

7. Rapport Building and generic Conversation (Begin the discussion with a general, open-ended question about the topic).

• What do you think about this Home/Children Home?

• Do your friends who live here also share the same thoughts as you about this home?

• Do you think this home is a good place to live ?

• What is the worst thing about this children home/home?

8. Discussing general issues

• As beneficiaries of the Home; You may be facing many issues with the administration and staff. Can you tell us about those issues?

• What are the issues and problems you face here on a daily basis?

• Do the staffs of the homes /authorities listen to your problems and help you? If not, then how do you manage?

• How courteous is the staff with the inmates? Do they speak rudely to you?

• Is there a mechanism to register a complaint or if a complaint box is available?

• Do you know the procedure to complain against any staff member or any other children ? Have you ever made an official complaint? What was the result?

9. Discussing abuse and safety in the Home premises

“The children are encouraged to speak their mind out about their or their friends worst experiences in the home” and ways to make things better for them.”

• How many of you feel unsafe in this home? How many of you feel the home is very safe?

• Why do you feel unsafe in this home? Do you feel safe walking around the campus anytime of the day or night?

• Do you think the staff in this home is nice? Do you find it easy to report bad incidents to them?

• Have you ever been in a situation where you feared losing your life or being severely harmed?

• Do you know of a friend who has faced a bad situation in this home? Bad situation like touching, kissing or touching of private parts or any other act of physical or sexual nature ? What happened? And, how it was handled?

• Have any body of you faced similar experience and would like to share with us ?In group or alone?

• Have you or any of your friend in this home have ever tried to harm or kill yourself/himself/herself?

• The details of incidents shared with the team:

• If there is one thing you want to improve about this home what would it be and why?

• Any feedback/suggestion-

10. Concluding FGD- towards the end of the session, restate the objectives of the FGD and summarize the main points made by the participants and ask them if the discussion has missed any important issues or questions.

Express sincere appreciation for the participants’ attention, time, and contributions

11. OBSERVATION OF THE TEAM

Case Study-(Child abuse cases only)

Socio demographic information of the child- Name (to be kept confidential) Gender Religion Age

Education- School, class

Family information-

Details of the incident-

Behaviour changes or any psychological issue-

Whether any medical/psychological/legal assistance provided-

Observation-

ANNEXURE R/3 50

National Commission for Protection of Child Rights Janpath, New Delhi-110001

Subject- “Inspection report of Umeed Aman Ghar for Boys and Khushi Rainbow Home for Girls”

I. BACKGROUND

1. National Commission for Protection of Child Rights (NCPCR) under section 13(1) (j) of CPCR Act, 2005 had taken cognizance on a complaint received from Shri. J.P.Nabajiban, National Convenor, Kalinga Rights Forum, Bhubneshwar, Odisha regarding violation of JJ Act, 2015 in Umeed Aman Home for Boys and Khushi Rainbow Home for Girls in South Delhi established by Centre for Equity Studies. In this regard, NCPCR formed two teams led by Chairperson, NCPCR, which inspected the said two Homes on 1st October, 2020.

2. In addition to the complaint against these two Homes, NCPCR was also in receipt of information from former Member, NCPCR, regarding a case of child sexual abuse of minor boys by elder boys in Umeed Aman Ghar (Aman Biradri’s Shelter Home for Boys) in 2012 which is run by former Member of National Advisory Council (NAC) and Trustee Member’s of ‘Centre for Equity Studies’, Sh. Harsh Mander. It was informed by the Former Member that the said complaint was received in the Commission in 2012 but the matter was not dealt adequately at that time and that the same is required to be looked into in light of present complaint that has been received by the Commission.

3. Based on the information received from the former Member in this matter, the available documents related to this case were re-examined in the Commission. Upon verification of the same, it came into the notice of the Commission that the Child Welfare Committee (CWC) concerned in this case had undertaken inspection and passed formal orders with recommendation to segregate children in different age groups as prescribed under the Delhi Juvenile Justice Rules 2009 (29)(g). This provision provides protection to younger children from any kind of bullying and abuse by elder children in CCIs. In this case as well, CWC strongly recommended for non renewal of licence of the said Home at that time.

4. After examining the complaint received by the Commission and the documents related to the sexual abuse case that had occurred in these Homes, the Commission deemed it appropriate to undertake an inspection of these Homes and verify the issues and facts involved in the complaint. During the course of inspection of the above mentioned Homes on 1st October 2020, the Commission’s team interacted with the staff and children of these Homes and did a thorough inspection of these Homes.

5. In light of the observations of the Commission’s inspection team and the facts presented before the Commission after the inspection of these Homes, the Commission found many violations of the Juvenile Justice Act, 2015 & its Rules, 2016 and various other irregularities which resulted in deprivation and violation of rights of children. After conducting a thorough inquiry in the matter, the Commission is saddened by the deplorable conditions of the children who are living in these Homes and the negligent and callous attitude of the management of these Homes towards the welfare of the children and the upkeep of the infrastructure of these Homes.

II. Observations of the Inspection

A. Ummeed Aman Ghar For Boys

COVID-19 related: It was noted by the inspecting team that social distancing and COVID-19 norms were not followed properly inside the Home. Several children were found to without Masks. Section 41/Rule 21: Registration of the Child Care Institutions  CCI’s registration was not renewed. Rule 26: Management and Monitoring of Child Care Institutions  Counselor inadequate  Child Welfare Officer inadequate  House Mother/House Father inadequate  Medical Officer on call not available  Cook inadequate  Helper inadequate  House Keeping inadequate 52

 Records of Recruitment of each staff not available  Reference Check of each staff not available  Work Profile of each staff not available  Performance Appraisal of each staff not available

Rule 29: Physical Infrastructure  Counseling Rooms not available  Visitors Room not available  Record Rooms not available  Bathrooms less than prescribed norms of 1:10  Toilets less than prescribed norms of 1:7  CWC Room not available  Weekly Programme Schedule not displayed  No facilities and support for children with visual needs  Children were kept in Porta Cabins  Not appropriate maintenance of ceilings walls, floor coverings, draperies, curtains, blinds, furniture, fixtures, and equipment  There were no separate facilities for the staff and the children  The rooms of the Home were not segregated and there was mingling of minor children with the elder children, which made the minor children vulnerable to abuse and bullying by the elder children  The staff and the management had not done segregation of children as per the age groups which is a serious violation  Physical infrastructure was not adequate as per JJ Act and Rules

Rule 39: Management Committee • Average number of meetings conducted in a year are less than stipulated 12 meetings

Rule 76: Abuse and Exploitation of the child • Written child protection policy was not found 53

• Regular Staff-Children Interface not practiced

Rule 77: Maintenance of Registers • Personal belonging register not maintained

(a) Violation of child sexual abuse in the Home- At the time of inspection, it was reported by the institution that no case of sexual offence has occurred since inception, neither has any case of child rights violation has been reported by this institution. However through various sources, the Commission had come to know that there have been various instances related to child sexual abuse had taken place within the said Home in 2012, 2013 and 2016. The response given by the Staff and In- charge of the Home regarding this matter has been observed to be misleading and incorrect which is a serious violation and offence. Incidentally, the Commission in a recent communication received from an employee of the Home has received information that the cases of sexual abuse are still prevalent in the Home and there is no reporting being done of the same. The non-reporting of such POCSO offences by the staff of the Home is a serious offence under POCSO Act, 2012 and also jeopardizes the welfare and well-being of children in this Home.

B. Violations observed in Khushi Rainbow Home for Girls

Covid-19: It was noted by the inspecting team that social distancing and COVID-19 norms were not followed properly inside the Home. Several children and the staffs of the Home were found to be without Masks.

Rule 26: Management and Monitoring of Child Care Institutions  Counsellor inadequate- only one counsellor was available for 90 children  Child Welfare Officer inadequate- only one Child Welfare Officer was available for 90 children.  Para medical staff not available  PT instructor cum Yoga Trainer not available  Helper not available  Records of Recruitment of each staff not available 54

 Reference Check not available  Work Profile not available  Performance Appraisal of each staff not available

Rule 29: Physical Infrastructure  Classrooms are not available.  Dormitories No. of Rooms:6 – Inadequate as per the norms,  Counseling Inadequate as per the norms.  Recreation Room not as per the prescribed norms  Library and computer rooms were not as per the prescribed norms  Visitors Room not available  Store Room not available  Record Room not available  Staff Residence not as per the norms of JJ Act and Model Rules 2016  Bathrooms less than prescribed norms of 50:5  Toilets less than prescribed norms of 50:8  Age wise segregation was not done as per the prescribed norms.  CWC Room not available  Attendance Status not displayed  Weekly Programme Schedule not displayed  Transport facility for attaining education outside the campus not available  Separate facilities for children from staff and management not available  Not appropriate maintenance of ceilings walls, floor coverings, draperies, curtains, blinds, furniture, fixtures, and equipment  Children were kept in tin sheds. The tin sheds were double stories in which the children were kept and stairs were found hazardous  Toilet and Bathrooms were at the same place.  For all children, age segregation was not maintained.  Physical infrastructure was not as per JJ Act and Rules

Rule 31: Sanitation & Hygiene  Sleeping material was not properly cleaned /sanitized regularly or before reuse as needed.  Rooms were not regularly fumigated, disinfected & material provided to each child for prevention of infection & disease  Old articles like clothes, bed sheets, mats, bedding, etc. if donated, were not properly cleaned/ disinfected before use  No of bathrooms- 8 Less than 1:10  No of toilets- 9 Less than 1:7

Rule 34/35: Medical Care and Mental Health  Medical care was not on call.  Nurse/Paramedical staff not available in the Home at night.  Only a First Aid Box was available.  Documentary evidence of each child undergoing medical check up at the time of admission was not available.  Medicines are not being administered to the child by a staff/nurse

Rule 38: Recreational Facilities  Not suitably equipped outdoor space for play for children was available in the CCI  Only one television was available.  No such outdoor recreation facility available  Staff engage with children in such recreation activities- No information provided  Innovative activities to develop cooperation/participation, resilience, etc not available  Sufficient space for outdoor sports and games was not available.  Library was not as per the prescribed norms and child friendly.

Rule 39: Management Committee  Proper information regarding the average number of meetings conducted in a year not provided.  Legal Aid Services- no such linkages maintained

Rule 61: Duties of the Person-in-charge of a CCI  Superintendent/Manager/ In-charge stay on the campus, It was informed that the Superintendent has small child and due to COVID-19 pandemic she is not staying in the campus.

Rule 65: Rehabilitation-cum-Placement Officer  Rehabilitation-cum-Placement Officer not recruited

Rule 67: Security Measures  Toilets and Bathrooms were at the same place.  Basic medical care equipment was not found, only a first aid box was available.

Rule 73: Maintenance of Case File  Inquiry report not available in files.  HSR report was not properly maintained  Birth Certificate not available in individual child file  Quarterly Progress Report not available in individual child file  Case file of each child not properly maintained

Rule 76: Abuse and Exploitation of the child  No written Child Protection Policy available  Training and Orientation of children not provided  Information with regard to Staff and children interaction not provided

Rule 77: Maintenance of Registers  Master admission register in Track Child was not maintained  Order book not maintained properly  Inquiry report file not provided 57

 Voucher, Cash Book, Ledger, Journal & Annual Accounts Not produced at the time of inspection  Stock register not produced at the time of inspection  Record of minutes of meetings of—HMC Not produced at the time of inspection  CC Not produced at the time of inspection  Staff-Children interaction Not produced at the time of inspection  Staff-Meetings Not produced at the time of inspection  Budget statement register not produced at the time of inspection  Staff movement register Not produced at the time of inspection  Children’s movement register Not produced at the time of inspection  Personal belonging register not maintained properly

Rule 89: Training of Personnel Dealing with Children  Training on Rehabilitation not organized  Training on JJ Act not organized

2. (a) Violations of child sexual abuse in the Home- At the time of inspection, no case of sexual offence was reported by staff of the said institution.

III. Additional Observations:

A. Multiple sources funding

1. While inquiring into the matter under Section 13(1)(j) of the CPCR Act, 2005, the Commission had examined the documents and information pertaining to financial statements, accounts etc. at the time of inspection. During the inspection, financial information and documents related to the sources and utilization of funds was not provided readily by the child care institutions. The Accountant was also not available at the time of inspection of the said Homes and it was noted that the said CCI could not give a clear response to various funds/grants received by it.

2. Therefore, the Commission after conducting the said inspection, called for the required financial documents in this matter from the parent organization. After perusal of the documents received from the organization, the Commission came to know that besides the parent organization-Centre for Equity Studies, there was multiple other funding being received by these two Homes, which included funding from other private organizations as well as the State Government.

3. In pursuance of the same, the Commission, to examine this issue of multiple sources of funding, sought the details of the funds to these Homes from these organizations as well. The details of organizations funding these two Homes and the details of the funds received by the Home are as follows- i. Rainbow Foundation India RFI has informed the Commission, that both these Homes, Khushi Rainbow Home and Ummeed Aman Ghar is jointly funded and managed by them. RFI has made available the details of fund support given to Ummeed Aman Ghar and Khushi Rainbow Home during the period 2017-18, 2018-19, and 2019-20 and till 31st October for 2020-21. They have further informed that, Rainbow Foundation India supports the functioning of Delhi based Homes by directly providing some proportion of the Home running costs as per the annual plans and budgets for the Homes.

Details of this funding support is given in the table below-

*Amount in Rupees

Name of the A Home 2017-2018 2018-2019 2019-2020 2020-2021 A Ummeed Aman sGhar 0 0 0 41,25,138/- s Khushi Rainbow oHome 0 11,50,634/- 72,99,477/- 38,09,801/- c 59

ii. Association for Urban and Rural Needy (ARUN-India) ARUN has informed the Commission that it is an independent organisation that works on the issues of the most marginalised communities in India. Further, with an objective to reach out to many vulnerable children, ARUN engages with the Rainbow Homes Programme, a residential care programme in India which reaches and supports children on streets by enabling their access to nutrition, health and emotional care, education, and safe residential spaces primarily in the government schools.

It has been further informed that in order to cater to the needs of the children & deliver high standards of care, Association for Rural and Urban Needy and Rainbow Foundation India collaborated to jointly anchor this care programme, called ‘Rainbow Homes Program’ by complying with the respective legal and financial statutory norms. Both the organisations that drive the Rainbow Homes Program have clearly demarcated roles and responsibilities. ARUN has made available the details of fund support given to Ummeed Aman Ghar and Khushi Rainbow Home during the period 2017-18, 2018-19, and 2019-20 and till 31st October for 2020-21.

Details of this funding support is given in the table below-

*Amount in Rupees

Name of the 2017-2018 2018-2019 2019-2020 2020-2021 Home (till Oct 2021)

Umeed Aman 13,196,443/- 10,764,696/- 12,930,834/- 15,27,887/- Ghar

Khushi Rainbow 10,426,340/- 6,757,521/- 1,187,941/- 98,537/- Home

iii. Can-assist society and Aman Biradri During the inquiry of the Commission, it had come to the knowledge of the Commission through the website of Can-Assist society that these two Homes were also being funded under the “Dil Se Campaign” which is being run with the help of their local implementing partner-Aman Biradri. To inquire further into this matter, the Commission had sought necessary information and details regarding the funding to these two Homes and the extent and scope of association with these Homes. A reply was received to the initial information sought by NCPCR, however the same was found to be unsatisfactory. The Commission then sought a detailed response to its queries in the matter but no reply has been received so far from them. iv. MoU with Govt of NCT of Delhi under Samgra Shiksha Abhiyan During the inspection, the Commission also was made aware of the MoUs signed by the Centre for Equity Studies under the SSA in respect of these two Homes. This MoU was signed for the purposes of achieving the goal of improving the outcomes of Universalisation of Elementary Education (UEE) to all children of the age group of 6- 14 years. It was seen that, under the SSA as well, these Homes has received funds for the benefit of the children to receive education as given under the UEE Mission, Delhi. The details of the funds in respect of Ummeed Aman Ghar for Boys, South Delhi are as follows (as provided by the :- Financial Year Approved Outlay as per PAB (Amount in lakhs) 2017-18 45.3 2018-19 43.43 2019-20 35.25

*The financial data pertaining to Khushi Rainbow Homes for Girls, South Delhi was not provided to NCPCR by the Samagra Shiksha, Office of the UEE Mission, Department of Education, Govt of NCT of Delhi. 61

v. DUSIB, Delhi Khushi Rainbow Home for Girls and Umeed Aman Home for Boys had informed the Commission that grants were being provided to them by DUSIB and the Commission, accordingly, had verified from DUSIB about the funds being granted to these Homes. These Homes have informed the Commission the following grants had been given by DUSIB to them:- *Amount in Lakhs S.No. Name of Home FY’ 2018-19 FY’ 2019-20 FY’2020- 2021 (till Sept 2020) 1. Umeed Aman Home for Boys, South Delhi 9,56,445/- 1,791,414/- 7,48,000/- 2. Khushi Rainbow Home for Girls, South Delhi

However, later Centre for Equity Studies clarified its position in this regard and informed that these funds from DUSIB had been received for urban shelter Homes for Homeless adults. The matter was then taken up with DUSIB by the Commission. DUSIB vide its letter has informed the Commission that no grant/fund have been given by DUSIB to NGO-Centre for Equity Studies for the above-mentioned Homes in the said three years. DUSIB had granted funds to Centre for Equity Studies for their three shelter Homes and the following financial assistance has been given by DUSIB to Centre for Equity Studies- Year 2018-19- Rs.14.40 lac Year 2019-20- Rs.14.40 lac Year 2020-21- Rs. Nil

It may be noted that while it has been stated by Centre for Equity Studies as well as DUSIB that no grants were provided to the said two Homes and that the grants were 62

given for the shelter Homes of the NGO, the Commission had received the information of the grants received from DUSIB from these two Homes itself. Further, as per the information provided by the Homes as well as DUSIB, it is seen that there is a huge discrepancy of the funds disclosed by these two Homes and the funds being granted by DUSIB. While DUSIB has stated that it has not provided any funds in the year 2020-21, the Homes have stated that they have received a grant of Rs.7,48,000/- till September 2020 for the financial year 2020-21.

In light of the misleading information provided by the NGO and these two Homes and the discrepancy in the amounts disclosed by these two Homes and the grants given by DUSIB, it is pertinent that an inquiry in this regard by the appropriate specialized agency maybe undertaken for probing further into this matter.

*It is necessary to highlight these multiple sources of funding to these Homes, for the reason that, while conducting the inspection of these Homes, NCPCR had noticed many violations of JJ Act, 2015 and JJ Rules, 2016 and that in comparison to the funds being received for the benefit of the children, the upkeep of the Homes and the condition of the children was deplorable. Further, Centre for Equity Studies had furnished misleading and false information to NCPCR regarding the funds being received from DUSIB. While there can be seen a discrepancy in the amounts furnished by these Homes and DUSIB, the fact of the utilization of the Government funds received by the NGO are unclear and needs to be investigated.

B. Police verification of staff As mandated under the Rule 26 of the Juvenile Justice Rules, 2016, the Commission observed that there was no police verification of many members of the staff done in these Homes, which amounts to a huge violation of the norms laid down by the Act. That, such non-compliance of this provision exposes the safety and security of children along with offences that can be committed against them.

C. Discrepancy in working of the staff of these Homes Upon perusal of documents of these Homes, it was observed that there were some staff members who had been shown to be working in these said Homes and were also working in the other Home of this NGO located at Kashmiri Gate, Delhi. It was not clear the where these staff members were in actual employment and were working in which Home.

D. MoU under Samgra Shiksha Abhiyan i. The MoU prima facie has many loopholes and is not in accordance with the provisions and rules of the RTE Act, 2005 and JJ Act, 2015. ii. Qualification of teachers employed in the Home was not in consonance with the provisions of the MoU. Some teachers below the prescribed qualification were also employed for imparting education. iii. There was discrepancy between the list of beneficiaries provided by the Centre for Equity Studies and the list of children living in the Home.

E. Three sexual abuses cases reported in Ummeed Aman Ghar in 2012, 2013 and 2016 At the time of inspection, the said Home had informed the Commission that there was no sexual abuse case reported in this Home, however, the Commission through the documents available and other sources had come to know about the three sexual abuse cases reported in these Homes. It was only after clarification was sought from Centre for Equity Studies regarding child rights violations being committed in these Homes, that the Centre for Equity Studies vide its letters had informed the Commission about the three sexual abuse cases reported in these Homes.

In the said letters of the Centre for Equity Studies, the NGO had informed Commission that all these incidents involved cases of child sexual abuse by elder children who were residents of the Homes and that proactive action was taken by the Home staff in all these incidents. On the basis of the submissions made by Centre for Equity Studies regarding these sexual abuse incidents, an action taken report was also sought from the Department of WCD, Govt of NCT of Delhi. The Department informed the Commission about the order of the Hon’ble Delhi High Court dated 29.05.2013 in “Urmila Devi & ors. v/s Child Welfare Committee & 64

ors.” (filed in lieu of the child sexual abuse incident of 2012). In the said order, the Hon’ble High Court had given directions to the State Govt to take appropriate action against the Manager who had failed to report the child sexual abuse incident at that time. Therefore, the Commission has taken a serious view of the contradictory submissions made by the Centre for Equity Studies and that such concealment of facts from the NGO makes it clear that the safety and security of children in this Home is jeopardized and that the children must be shifted from this institution at the earliest.

Further, it was also observed by the Commission that such incidents of child sexual abuse were reported again in 2013 and 2016, for which the Commission had asked the Delhi Police to submit requisite documents. In a recent communication received from an employee of this Home, which has been reported separately to the Delhi Police, the Commission has been made aware that such cases of child sexual abuse continue to take place in this Home and that no reporting of the same is being done. It is to be seen that these serious sexual abuse violations in these Homes are being committed time and again and are continued to be committed which require serious appropriate action to be taken in this matter.

F. Visit of Foreign nationals The Commission, during inspection had found out that there were frequent visits of foreign nationals said to be providing voluntary services in these Homes. The information regarding the visit of foreign nationals was also sought from Centre for Equity Studies. As per the information provided by the NGO, the Commission had received a list of foreign nationals who had visited these Homes since 2016. Upon further inquiry of the Commission in this matter, the Commission has been informed that these foreign nationals had travelled to India on employment visas and tourist visas and while they were here, they had given voluntary services in these two Homes. It is unclear to the Commission that on what basis were these foreign nationals permitted to give voluntary services in these Homes and interact with children while their visit to India was for other purposes. It needs to be investigated that-

i. Whether information of these foreign nationals providing voluntary services in the Homes was provided to the Department of WCD and Department of Education, Govt of NCT of Delhi or not? ii. Whether these foreign nationals were paid money for their services to the Homes? If yes, then whether the money was paid out of the Government grants made to these Homes or other grants? iii. If these foreign nationals were paid for their services to these Homes, then whether income tax returns were filed by these foreign nationals or not?

Further, it is necessary to examine the discrepancy laid down between the purpose of the visit of these foreign nationals and the purpose for which visa had been acquired for entering into India.

G. Registration of these Homes The Centre for Equity Studies has provided information about a MoU signed between the Delhi Govt and the NGO-Centre for Equity Studies under the Samgra Shiksha Abhiyan. Through the documents provided to the Commission, it was seen that the validity of the MoU under the SSA was for one year. It was observed by the Commission that although the validity of the MoU for the usage of the building under Samgra Shiksha Abhiyan was for one year as UDRH, these Homes were registered as CCI under Section 41 of the JJ Act, 2015 for five years. This discrepancy observed by the Commission is a serious violation under the provisions of the JJ Act, 2015 and its Rules, 2016 and that an inquiry in this regard may be undertaken by the Department of WCD and Department of Education, Govt of NCT of Delhi to take action against those involved in granting the registration under the JJ Act, 2015 to these Homes.

H. Usage of building other than the purposes prescribed The Commission during inquiry had observed that these Homes as per the MoU between the Delhi Govt and the NGO-Centre for Equity Studies were to operate classes for children between 6-14 years, however, a play school was also operational in these Homes, which was 66

in violation to the purposes of the MoU under SSA. The same was in violation of the terms laid down in the MoU and needs to be inquired into.

IV. RECOMMENDATIONS:

1. Staff- Rule 26 of the JJ Rules, 2016 suggests a staffing pattern for a child care institution with a capacity of 100 children. The Rule further specifies that the number of posts in each category of staff shall increase or decrease with the change in the capacity of the institution. The Rule also mandates that in case of child care institutions housing girls, a female Person-in-Charge shall be appointed. This CCI was found to be housing girls and had a female Person-in- Charge. The female Person-In-Charge was not staying in the said Home due to COVID-19 pandemic. During the inspection, crucial positions in the Home were found to be either vacant or less than the prescribed norms; these positions have been listed above. There were other observations also made by the Commission regarding the staffing patterns of the Home, some of the staff employed for working in these Homes was also working in other Homes of the NGO. Further, the staff of these Homes were not adhering to the COVID-19 related protocols, the staff that were not residing in the Homes and were travelling everyday to these Homes for work were found to be not wearing masks and following social distancing norms, which made the children exposed to the risk of contracting COVID-19. Also, it was observed that the police verification of the staff of the Home had not been done at that time and that such a violation of the JJ Rules, 2016 jeopardized the safety and security of the children. It is recommended that an inquiry may be conducted against those inspecting the Homes from Department of WCD and Department of Education, Govt of NCT of Delhi and had failed to take action against these Homes for conducting such serious violations.

2. Physical Infrastructure- Rule 29 of the JJ Rules, 2016 gives suggested norms for building or accommodation in each institution with 50 children. At the time of inspection, basic infrastructure was found to be inadequate against the specified norms. It was observed that facilities in the Home had not been segregated according to the age groups 67

and that the facilities were common for all children. These mixing of children of all age groups made the minor children vulnerable to abuse and bullying by the elder children. It was observed that there were Porta Cabins, tin shade accommodations in the Home for the children and there was no basic infrastructure as prescribed by the JJ Act, 2015 and JJ Rules, 2016. During the interaction with the children, they raised the point of not having playground or open place to play. It is recommended that the Department of WCD and Department of Education, Govt of NCT of Delhi may look into this lack of infrastructure of these Homes and accordingly, take appropriate action against these CCIs. Also, first and foremost, Department of WCD, Govt of NCT of Delhi must shift these children from these institutions to a proper Home where they can get the basic facilities and necessities.

3. Child Care Facilities/Recreational facilities- As specified in Rule 38 of the JJ Rules, 2016, this child care institution should have sufficient space for outdoor sports and games. However it was found that there was not sufficient space for outdoor sports for the children and during interaction children raised this point as well. It was also observed that the children were not provided with individual beds as well and that basic child care facilities were lacking in the Home. It was further observed that there was no adequate space in these Homes for providing these basic child care facilities. During the inspection, the institution was found to have only indoor recreational facilities The Commission was saddened by seeing the deplorable condition of the children staying in these Homes, who were not being given even the basic facilities which are required for the welfare of children. The lack of space in these institutions should be looked into and the children should get outdoor recreational facilities as well. The Commission strongly recommends that the children from these Homes must be shifted to institutions providing basic facilities.

4. Prevention and Protection from Abuse Rule 76 of the JJ Rules, 2016 - These rules specify that every institution shall evolve a system of ensuring that there is no abuse, neglect and maltreatment of children. Further, this system shall be strictly adhered to by all the staff members. During the inspection, it was found that this institution is not 68

maintaining any written Child Protection Policy. It is recommended that Department of WCD, Govt of NCT of Delhi must take appropriate action against this institution to ensure strict compliance with the Rule 76. A lack of child protection policy in the institution makes the children prone to the abuse and neglect and it is strongly recommended that to ensure the safety and security of the children, they must be shifted from these Homes.

5. Rule 77 of the JJ Rules, 2016 gives detailed description of the various registers, files and records that are to be maintained by the child care institutions. It was found that Individual Care Plan of children was not maintained properly in the files, case file was not maintained etc. It is recommended that when the children are produced before the CWC, an individual child care plan must be prepared for each child.

6. Financial Transparency- During the inspection, information regarding sources and uses of funds was not readily made available by the child care institution. It was noted that the CCI accounts were audited annually by a Chartered Accountant. However, as provided above in the observations made by the Commission, it is to be seen that there are many discrepancies and concealment of facts made by the Centre for Equity Studies regarding the funds received by them and it is unclear to the Commission as to the utilization of those funds especially regarding the Government grants received by the Homes. As per the grants received from the Government to these Homes, the conditions of the children were deplorable and even the basic facilities were not provided to them, moreover, the Homes had also not complied with the provisions of the MoU between the NGO and the Delhi Govt.

It is recommended that EOW, Delhi Police, which is a specialized investigating agency in such matters, may examine and investigate into the multiple sources of funding being given to these Homes and the utilization of the same. The accounts of these Homes need to be audited and investigated for the above-mentioned financial irregularities.

A recommendation in this regard is also made to Ministry of Women and Child Development and Ministry of Education for investigation of financial irregularities in these Homes. A recommendation is also made to Ministry of Home Affairs for investigating into FCRA violations of these Homes with regard to the foreign funding received by these Homes. Further, it is recommended that Ministry of Education may investigate into the misuse of funding in these Homes, the approval of PAB and the funding from the multiple sources.

7. Visit of Foreign Nationals to these Homes- As per the observation made in Para III(F) above, there were visits of foreign nationals made to these Homes between 2016-2020 and the purpose of these visits was to give voluntary services in these Homes. It was found out by the Commission that these foreign nationals had travelled to India on employment and tourist visas. It is recommended that Ministry of Home Affairs may investigate into the visa violations being committed by these foreign nationals, as there is a discrepancy between the purpose of the visit of these foreign nationals to India and to these Homes. Further, there is also a discrepancy between the dates of visit of these foreigners to the Home and the dates on which they have entered into India. This discrepancy is a huge discrepancy which needs to be investigated further. Further, it is recommended that Department of WCD and Department of Education, Govt of NCT of Delhi may inquire whether permission of foreign visitors in the Homes for giving voluntary services was issued by the authorities. The Income Tax department is also recommended to take up this matter to investigate into if any remuneration was paid to these foreign nationals and to examine whether they had paid their IT returns or not.

8. Non-compliance of orders of the Hon’ble High Court at Delhi- An incident of child sexual abuse was reported in Umeed Aman Home for Boys in the year 2012 and the Hon’ble High Court at Delhi on 29.05.2013 directed to the Govt of NCT of Delhi for giving suitable directions for taking appropriate action to ensure that the manager who failed to report the incident must be moved out from the Home. In this regard, Dept of WCD, Govt of NCT of Delhi informed that the manager had moved out of the Home to a 70

Home for adult youth of the same organization. The said action of shifting of the manager from one Home of the organization to the other Home was an unsatisfactory action. This action of moving of the manager from one to another was also observed by the Department of WCD, Govt of NCT of Delhi and they also had sought clarification from Umeed Aman Ghar taking into note that transfer of an employee from one institution to another institution is not an appropriate action against an employee of CCI. However, no reply was given by the Home to the Department of WCD. The Department of WCD has not taken any further action in this regard. It has been informed to the Commission by them that periodical inspections are being conducted by the CWC and recommendations are being made to prevent such child sexual abuse incidents.

The Commission has observed that since the incident that had taken place in the Home in 2012, no satisfactory action was taken by Department of WCD in the matter and that there were two more incidents of such nature reported in 2013 and 2016. It is reiterated that the Commission has been informed by an employee of the Home that such incidents of sexual abuse are still taking place in the Home which have not been reported. It is due to the lack of strict and appropriate action by the authorities that such incidents continue to take place in this Home, which have threatened the well-being and security of the children. Further, the report of Dept of WCD submitted to NCPCR was found to be unsatisfactory. It is recommended that the Dept of WCD should send a compliance report in this regard to NCPCR within 10 days. It is further recommended that Delhi Police may investigate into the incidents of sexual abuse being committed even now in this Home, as has been alleged by the employee of the Home. A compliance/action taken report of Delhi Police may also be submitted to NCPCR within 10 days.

9. Department of Education, Govt of NCT of Delhi is recommended to look into the violations of the MoU signed with the Centre for Equity Studies and initiate action against them.

10. Violations of Section 75 and Section 83(2) of the JJ Act, 2015 and Epidemic Diseases Act- From the inspection of NCPCR and the inquiry conducted thereof, it is 71

recommended that violations of Section 75 and Section 83(2) of JJ Act, 2015 are prima facie made out. While the children in these Homes were in care and protection of the Home, adequate facilities were not provided to them and that such incidents of child sexual abuse had been reported repeatedly for three years without any action against the offenders. Further this is also a prima facie violation of Section 491 Indian Penal Code which provides for breach of contract to attend on and supply wants of helpless person. Further, during the interaction with one girl child from the Khushi Rainbow Home, she informed that 4-5 girls had been taken to Jantar Mantar and had been made to sit in the protests of CAA which had happened in the year 2019-2020. Such usage of children is illegal and prima facie a violation of Section 83(2) of JJ Act, 2015. Further, in Ummeed Aman Ghar, children have informed that elder boys were sent in protests and that one child had said that “Modi ji kewal hindu ki sunte hai aur Pakistan mein ladte hai”.

The inspection team also observed that the norms of social distancing were not followed in these Homes and that the staff of these Homes that were not residing in the Homes and were travelling everyday to these Homes for work were found to be not wearing masks and not following social distancing norms, which made the children exposed to the risk of contracting COVID-19. This may be investigated into for violations under the Epidemic Diseases Act or any other laws/policies laid down in the wake of COVID-19.

Delhi police is recommended to investigate into these violations and file an FIR against those involved in committing such violations and a compliance report/action taken report in this regard may be sent to the Commission within 15 days.

11. Press statement of Mr. Harsh Mander- The press statement of Mr. Harsh Mander which has been published in many newspapers questioned the authenticity and the intention of NCPCR of conducting inspections in these Homes. Further, he has stated that he is no longer associated with these Homes, while he remains the director of Centre for Equity Studies and a part of the governing body of the organization. Centre for Equity Studies is the organization that administers these two CCIs. That such false statements made by him regarding his association with these Homes and misleading allegations 72

against NCPCR should be taken under serious view. These newspaper reports maligning the actions of NCPCR caused an impediment in the inquiry of NCPCR and the functioning of a Government statutory body. This press release was issued while the inquiry of the Commission was ongoing and so the Commission’s attention was drawn to the statements made in this press release, as they were made regarding the ongoing inquiry of NCPCR. It may be seen that while the NCPCR is entrusted with the monitoring role under the JJ Act, 2015, it is also required to discharge its functions of protection of child rights as provided under the CPCR Act, 2005. This is to state that giving of such false declarations and statements in the media which have found to be contradictory to the findings of the inquiry of NCPCR prima facie is liable for action under Section 199 of Indian Penal Code and appropriate action must be taken against him for making false statements and leveling false allegations against NCPCR. It is recommended that Delhi Police should investigate in this matter and probe into the true and correct facts.

12. Department of WCD, Govt of NCT of Delhi is recommended to inquire into the grant of registration certificate under Section 41 of the JJ Act, 2015. As narrated above, the Commission has observed a discrepancy between the MoU signed between Govt of NCT of Delhi and Centre for Equity Studies and the registration certificate issued for 05 years to this Home. While the MoU was signed for 01 year for operating it as UDRH, the registration of the Home was granted for 05 years. The matter needs to be inquired into by the Dept of WCD and a report be sent to NCPCR within 07 days.

13. Department of Education and Department of WCD, Govt of NCT of Delhi is recommended to inquire into the violation in the disclosure of information under the MoU under the Sarva Shiksha Abhiyan by the Centre for Equity Studies. In the inquiry of the Commission, a discrepancy in the list of beneficiaries and the list of children in the Home was observed and the same is recommended for investigation into by the Govt of NCT of Delhi. Further, it is recommended that this discrepancy which involves the utilization of Government funds should be investigated by the EOW, Delhi Police.

14. Shifting of children to another facility- Dept of WCD, Govt of NCT of Delhi is recommended, based on the above-mentioned violations being committed by the Home, to shift the children to another facility after following the due procedure as laid down in JJ Act, 2015.

**** 74 State: Delhi District: South Delhi Educational Facility: Available Name of Institute: Umeed Aman Home for Boys Type of Facility: Children Home

Remarks Status Acts/Rules Indicator (In case of No Compliance or (Red for No, Green for Yes)

Partial Compliance)

Sections

Registration of the Parent Organization under YES SR/Trust/Companies Act Registration No. of the Parent Organization YES under SR/Trust/ Companies Act

Registration of the Parent Organization under Not provided at the time of the NO JJ Act inspection. Section 41/Rule 21: F-No-61/(50) Samya /AD- Registration of the I/DWCD/2007/41912-15 Valid Child Care Registration No. of the Parent Organization till 9-7-2020. However the Institutions YES

LEGALSTATUS under JJ Act Registration of the said Home had expired at the time of inspection. Registration under 12A of Income Tax Act NO FCRA-23161130 valid till 30th FCRA Registration (if any) YES

October 2020

Rule 18 & 19: Total number of Children placed in Children’s 129 Production before a Home (Total capacity 150) Committee and Number of Children living in the Home NIL Inquiry without the order of CWC No Child without order of CWC 12 meetings per year as per Rule 39: Management Committee (MC) YES records. Management Average Number of meetings conducted in a Committee NO year Information not provided Children’s Committees (CC) constituted YES It was verbally informed that FUNCTIONING management committee Rule 40: Children’s meetings happen (1 meeting Average Number of meetings conducted in a Committees YES per month). However, all year documentary information could not be made available at the

time of inspection.

1 Office in Charge YES 1 Office-in-Charge [Less than prescribed norms of 2 Counselor YES JJ Act 2015 and its Model Rules 2016]

3 Child Welfare Officer/ probation YES officer/Case workers LESS THAN NORMS

4 House Mother/ House Father YES LESS THAN NORMS Details not provided. However, 1 Medical Officer (Physician) NO it was reported that Medical Officer is (on call). However, the paramedical staff 1 Para medical staff YES was not present during the visit. 1 Store keeper cum accountant YES 1 Storekeeper-cum-Accountant

Rule 26: Management & 1 Art/Craft/Music 1 (part time) Art & Craft cum music teacher YES

Monitoring of Child Teacher(Part-Time) STAFF Care Institutions 1 PT Instructor-Yoga 1 (part time) PT instructor cum Yoga Trainer YES Trainer(Part-Time) 1 Driver NO 0 Driver Only one cook was found available for 129 children and a 2 Cook NO child named Mohd. Shahid was found to be working in the kitchen as helper. 2 Helper NO 3 House Keeping Staff for 129 children found on the day of 2 House Keeping NO inspection. Less than norms

1 (part time) Gardener NO

PHYSICAL INFRASTRUCTURE Sections

the Rehabilitation Rule 89:Training of PersonnelDealing Placement Officer Rule 61:Duties Rule 29:Physical

Infrastructure with Children Person Acts/Rules Rule 65: of a CCI a of - in - charge

- cum

Bathrooms Staff room Office Record room Store Dining hall trainingVocational Visitors’ room Library Sick room Recreation Counseling Kitchen Dormitories Education (Class room) the campus Superintendent/Manager/ In mobilization) employment and creation resource experience in rehabilitation, field the of Managementleast and years’ three at (Masters Human or Resources SocialWork in Rehabilitation ICPS JJ Act Rehabilitation Care Giving Rights Protection Training thestaffon organized for available girls’ unit for FemaleSuperintendent /Manager /In Performance Appraisal Profile Work Reference Check including Personal eachstaff filesare of available Any Other

Residence

Records of Recruitment Records of

cum

Indicator

- Placement Officer Placement Officer

- charge stay on

—

Child - Charge

N/A (Red for(Red No, Green for Yes)

Status N/A YES YES YES YES YES YES YES YES YES YES YES YES YES NO NO NO NO NO NO NO NO NO NO NO NO NO

4 time inspection of provided theInformation at not Times 3 2Days, Frequency: Duration: for boys CCI is only No. of Bathrooms is below of the No. Rooms:2 of No. Rooms:1 of No. room. record has been into converted room One corner available. office of record dedicated No room Rooms:1 of No. Rooms:1 of No. home outside the trips/excursions taken Children were on visitors as room. used available. Office roomwas Visitor’s dedicated No Room Rooms:1 of No. of JJ Act,2015norms the per prescribed as Not children. livingactually the wasdormitory one of which found in television setwas One 2016.However, Rules model of JJ Act, itsnorms 2015and the per prescribed as Not Act,2015 JJ norms of prescribed per not as the However, of JJ Act,norms 2015. the per prescribed as Not of JJ Act,2015norms the per prescribed as Not Classrooms (In case(In of No Compliance or

Partial Compliance)

Remarks

in Dormitoriesin - room for - - - – -

Adequate Adequate Adequate Adequate Adequate

INFRASTRUCTURAL SAFETY Sections

Rule 29:Physical Infrastructure Acts/Rules

Rooms and dormitoriesRooms unstable of being free mentioned above children thanneeds those with special other teaching learning and Facilities staff, support and (equipment, children Health)needs(Mental with special teaching and Facilities staff, support and (equipment, childrenhearing with needs teaching learning for materials/aids) and Facilities staff, support and (equipment, children with teaching learning for materials/aids) and Facilities staff, support and (equipment, management Separate staff and children facilities for from education outside campus the Safe Weekly Programme Schedule AttendanceStatus Menu Chart Duty Chart Numbers Essential Details details contact CCI, Signboard type displayed indicating name, of Records stored safely Boundary wall/fencing Computer with internet Type of Sitting CWC of Toilets transport children facilityattaining for

accommodation

learning materials/aids) for learning for materials/aids) visual needs visual

including

Indicator

materials/aids) for for materials/aids)

Emergency

(Red for(Red No, Green for Yes) Status YES YES YES YES YES YES YES YES NO NO NO NO NO NO NO NO NO NO

and shelves. thereand However, available.Boundary wall connectivity. all systems internet had not functional systems and were However, not allfound. computer was There one lab Rented not available CWC Room children of criteria per segregated age as not were children, which in thesaid Homeforpresent to Only be found were 9toilets 1:7. norms of prescribed Toilets were the of below No. the itHowever, was that noted Home. inthe 129children said for 11bathrooms wereonly There to observed made. be not of segregation bathrooms was the In by openreported in bath take as norm Iron boxes, Iron beds beddings, Iron needs special with facility for children such No 2016. Model Rules JJ the of norms the per as is not which children 129 Counsellor forOne available visual needs with facility for children such No inspection. timethe of room facilities at same wash the be to were sharing noted staff children and inspection, time the at of However were facilities the reportedly, Though the time the visit.at of displayed ProgrammeWeekly not displayed Not chart displayedMenu Chartdisplayed Duty number Emergency displayed accessible to was all. the of office corner room which records in wereThe kept one no separate room. was record Records kept Almiras in were Records No transport found transport No provision (In case(In of No Compliance or

of 1:10.Small children

Partial Compliance)

- charge. Age

Remarks

different.

wise wise

CHILD CARE FACILITIES Sections

Rule 38:Recreational Rule 31:Sanitation & Registration Child of Rule 67:Security Care Institutions Section 41: Acts/Rules Measures Facilities Hygiene

children Individual beds available &provided are to as per its Children’scapacity or are Home less its than numberTotal children atthe of present play children is accessible available and to Enough spaceequipped suitably for outdoor childrento Enough/safe toys are accessible available and available Proper drainage facilities garbage and disposal all children Safe & purified drinkingprovided wateris to available Safe & purified drinking waterstorage is childrenfor Child available exclusively (1:7) toilets friendly available(1:10) children exclusively for Child /bathing bathrooms areas friendly available Specialemergencyequipment medical care available Basic emergency medical care equipment areas maintainedPrivacy in bathing toiletsand children’s dormitories/toilets staff/visitors identified in especially areas in Clear guidelinesof regarding access furniture, and fixtures, equipment coverings, draperies, curtains, blinds, conditionGood ceilings of floor walls, that children pull down could heavyequipment, other furniture,or items

capacity

Indicator

on themselveson

(Red for(Red No, Green for Yes) Status YES YES YES YES YES NO NO NO NO NO NO NO NO NO

expiry dates. expiry them some out of their which of medications basic werevery itHowever, was that noted inspection. time the at of first aid was One provided box the of JJ (9) violation 29(6 of gross rule said the Home, whichof is a take to in bath made area open younger children are that team it was informedto Boys, the Umeed to the visit Commission’s During inspection. Rules 2016. Model norms the per prescribed as Not children. threat safety to ofposing maintained properly were not available forthem. available individual as bed were not bedssharingbe to found were children some that noted was Capacity= 150 Sanctioned 129 Children present; 2016. Rules its Model JJ Act 2015 and the Home per normsof said as materials in available play the toys and wereenough no There provided purified waterSafe drinking children age its Model2016.Also, Rules and Act JJ norms of prescribed 2015 the as Inadequate per exploitation.and chil the sincethiscould violation make which area gross is open a made to children are bathe in that noted younger was not made itchildren was and age 2016.Also, Model Rules JJ of Rule norms of 29(6)prescribed Not Not found. Not the at provided Not time of At it inspection, time the of (In case(In of No Compliance or - - inadequate as per the as inadequate wise segregationwise of segregationwise of

had already crossed its already crossed had

of of JJ Act, its 2015and Partial Compliance) dren prone to abuse pronedren to

was not made.was

Aman

Remarks Model

Home for Home

Rules

2016.

)

NUTRITION DAILY ROUTINE PREVENTION & PROTECTION FROM ABUSE Sections

Rule 33:Nutrition & Rule 34/35:Medical Exploitation of theExploitation of Rule 76:Abuse & Rule 29:Physical Care &Mental Infrastructure Rule 32:Daily Acts/Rules Diet Scale Routine Health child

food items,food lunch, donors etc. dinner from receivesHome sponsored cooked/uncooked children, advice asper Doctor of Specialdiet health provided sick/special is to festivals/occasions Special isduring meal provided Birthdays are children celebrated of prescribednorms/diet scale Mealsprovided with in are accordance children Mealsplanned are consultation with in childrenof atvaryingstages Staffis aware placesthe in institution Dailyat prominent routine display is public on children’sthe participation as need per or the with children’s committee and/or Daily routine is up consultation drawn with in Daily activity routine is of followed Withholding rest toileting. food, or of by binding, tying form any or other Restricting/restrainingmovements children’s traumpain/ discomfort/ measure physical resultsin that mentalor shaking, biting, any pinching,or other humiliating, spanking, calling, hitting, name like abusive use of language, insulting, purpose disciplining of punishment) (corporal physical /emotional of abuse Adequate of preventform to measures any Training &Orientationchildren of Training &Orientationcare givers of Regular Staff Children Committees Cameras CCTV 1098 Helpline Suggestion Box abusepreventionplace, inas such is grievance redressal Functional& accessible and complaint Management Child by to staff& is Protection Policy adhered A writtenprotection policy child distress illness) fear, trauma, (dueto or Activeemotional supervisionchildren of in childrenas respondpromptly possible or as supervision injuryof therisk minimize to to Activities are staff conducted under stay & activities Children gender according for segregated to stay &activitiesfor Children

segregated according to age group accordingsegregated to -

Children Interface

the nutritional Indicator

mechanism including for including for mechanism

of children the for

development

requirement

(Red for(Red No, Green for Yes) Status N YES YES YES YES YES YES YES YES YES YES YES YES YES NO NO NO NO NO NO NO NO NO NO NO NO /A

the time of inspection. timethe of at produced not was same the reportedly policy though protection Child in CCI the present child no such applicableas Not for Boys CCI isThis only celebrated Children birthdays are not inspection. No practices such No followed time the of inspectionduring taken was shared measures information any No of inspection. duringtimeprovided the of were training such not records any Documentary of practiced not staff Regular Not found at the at time found Not of (In case(In of No Compliance or such practicessuch followed Partial Compliance)

available, however available, Remarks -

children interface

EDUCATION HEALTH CARE CLOTHING, BEDDING HYGIENE Sections

Rule 31: Care/ Mental Health Rule 34/35:Medical Rule 37:Vocational and other articles Toiletries Bedding, Rule 30: Clothing, 30: Rule Management of Institutional Rule 36/69: Acts/Rules Education/ Children Hygiene Training Sanitation &

vocational trainingvocational is Age feasible appropriate, oriented &market educationformal All appropriate children are age provided with everyof child addressed Educational assessment &need is conducted Staffis trained provide First to Aid staff/ nurse Medicines childby arethe to a administered home atnight Nurse/paramedical staffis the available in are childEvery records/fileshealth has card &the childEvery regular has health checkups admission childEvery undergoes ahealth check Heaters Winter for Coolers children:for Fans Whether available followingin facilities Home disinfectedbefore use bedding, ifdonated, etc. are cleaned/ Old articles mats, bedsheets, clothes, like storeto personalbelongings childEach been has infectionof &disease material prevention provided each to child for are regularlyRooms disinfected & fumigated, regularly before or needed reuse as Sleepingis material cleaned /sanitized materialsnorms per as seasonally mats appropriate &sleeping All children are clean, provided individual, toiletries norms asper seasonal appropriate & age articles clothes, & All children are clean, provided individual, by carebefore giver ifsponsoredCooked food is tasted/checked Air Conditioner maintainedupdated &

Indicator

allocatedspace asecured serving provided

up on

(Red for(Red No, Green for Yes) Status YES YES YES YES YES NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO

time inspection of have key the and lock not at sharing basiswere on and did many them but observed of rooms. several damp in and unclean were belinens foundto beddings and and Clothes care giver tasted/checked by is not food Sponsored administer firstaid. administer trained staff to regarding being fact. of daythe at Home the in found wasnurse However, no done. reported that itIt was is being inspection. time the of the day the on present at and was no nurse found however said by the appointed hasnurse been trained reported that one It was file. were the foundin prescription somemedical however in found for water geysers hot were However, available. few for winters areHeaters not available areAir not Conditioners wires. to access open due electricalto risk shock of coolers Though lockers with lockers Though bedswere No information was provided information No report were HSR No found, not Someadequate. But inspection to ascertain this ascertaininspection to (In case(In of No Compliance or

Partial Compliance)

found to found to unsafe be with the bathrooms.

Remarks

Home; Home;

ADHERENCE TO

JUVENILE JUSTICE ADHERENCE TO JUVENILE JUSTICE RULES-ADMISSION & REPORTING RECREATION Sections RULES-RECORDS ®ISTERS

Rule 38:Recreational Maintenance Case of Maintenance Case of Rule19 /69:Inquiry/ Section 31/Rule 18: Production before Management of Maintenance of Rule 22:Open Institutional Committee Acts/Rules Registers Facilities Children Rule 73: Rule 73: Rule 77: Shelter File File

Medical Examination Report (MER) OrdersCWC Inquiryreport Case History ICP Correspondences All i.e. relevant the information regardingis same the available parent/guardian proof identity letter with Documentary of proof childEvery is through CWC restored Government, DCPU, institution, to without permission restoration, transfer, adoption, death &leave reportsHome all cases as the case be may Monthly data about permission (ifany) repatriation), death, without transfer &leave placementin families (restoration, present the attheend excluding of year after particular matchedchildren the year with Number children of during admitted a attendance as register date on Number children of with present tallies the in Child Track updatesHome register admission master the maintainsHome register admission amaster withinHome the 30days admission of of child hasICP been children in prepared for the every for childPlan (ICP) personalhas prepared Care Individual the A every child is implemented being yes,If Individual is Care prepared Plan for Child Individual every is Care prepared Plan for trace biological familiestheto CWC submitsHome efforts to report its any of own biological family/guardianchild the of The home has as directed before within CWC time stipulated the period The eachchild caseof submitted history is compliance with orders CWC All children in housed home the in are time limit producedbeforeprescribed within the CWC All children admittedhome the are to harnessed cooperation/ participation, resilience, etc. are Any innovative activities develop to activities Staffengage recreation with such children in children recreationOutdoor children recreationIndoor facilities are available for Age life is appropriate skill provided education trainingprovided them being to Childrenselecting arevocational in consulted professional Socialexperienced Worker or

Competent made efforts to trace the efforts trace made to

Indicator

of facilities are availablefacilities are for children DCPU sent to is as children from restoration of themay case

Authority, State admission,

the be

(Red for(Red No, Green for Yes) Status YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO NO NO NO NO NO NO

CCI by Reported Not as per standard Home for more that 6 formore Home been have inspectionteam the orderCWC without Child of No facility available such No Shelter for Open only Applicable properly maintained/ not updated But There have have There childrenbeen who not produce duringDocument (In case(In of No Compliance or Partial Compliance)

staying in the in staying said Remarks

- 7 years.

FINANCIAL TRANSPARENCY Sections

Accounts &Audit Maintenance of Acts/Rules Registers Rule 77:

for Grants& time released norm taken asper are years the to competentauthority Statement Accounts last of &FCfor 2 Returns The home has Audited provided of copies authorized CharteredAccountant The accounts by are an annually audited financialof year,State to Govt. Report withinsix months date from organizationof with its The available amount received includingAccount FCRA maintained by it Details project wiseAccount(s) of Bank Others sourcesOwn Corporate Donors International Donors (FCRA) National Donors Sources Funding of separately available funding aswhole/ the of organisation &that Detailssources information about of of the Children’s register movement Personal belonging register Staffmovement register Visitors’ book Individual case care with plan file individual Budgetstatement Nutrition/diet register Staff Staff CC minutesRecord of meetings of of Stock Grant utilization register Accounts Ledger,Voucher, Cash Journal Book, & Annual Children’sbook/file suggestion Inquiryreport file Order Book Attendance childrenstaff of register & Medical File &MedicalReport Case file eachchild of Supervision register Master Admission & discharge register on record Initialthe interaction reports with of child are inpersonal the file history/case eachchildis of available history Report of Health report Quarterly Progress Report Court order Birth Certificate StudyHome Report (HSR)

home - - Meetings Childreninteraction register

counselor social worker, or social submits acopy

with A/cpurpose, No, with

Indicator -

Govt. aid/grant Govt.

audit

audited report & report

HMC

of accounts

Annual

closing

(Red for(Red No, Green for Yes) Status YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO NO NO NO NO NO NO NO NO NO NO NO NO NO

Further is recommended inquiry Further 2015 and its Model2016 Rules 2015 and as of update per JJ Actnorms investigation. further requires the it arereports same, Most of further to inspected be Information time inspection. of the verification/examination at investigation for further Need investigation. for further Need for further Need investigation further Need maintained register not Required inspection the at provided Not time of Not as per the per as Not properly Available, but not Not provided for provided Not recorded properly Details not (In case(In of No Compliance or Partial Compliance)

Remarks

norms. investigation

PROGRAMMATIC LINKAGES INSPECTIONS Sections

Rule 38:Recreational Section 30:Functions Department WCD of Rule 91:Monitoring and Rule 37:Vocational Rule 41:Inspection Rule 41:Inspection Protection of ChildProtection of Rule 36:Education by National/State Rule 34:Medical Rule 35:Mental Commission for Commission for conducted by JJ Committee and of Committee of Management Inspections Committee Responsibilities Acts/Rules Facilities Rule 39: Training Health Rights Care

Health including speech/physiotherapy Hobby classes Recreational activities workshops Occupational therapy &other issue Skills,Life Art& Drama therapy &Dance & trainingVocational Education children Medical care and the Inspection Reports Any basedplace on taken improvement has thereof recommendationsaction record and of The the home has of acopy thepositivebeen home has &thereport Previously,conductedbeen Social audit has of The feedback reportpositive is rights State Child Protection of for Commissions Feedback wasprovided inspection the on by Commissions Protection for The The feedback reportpositive is Child rights the Commissions National Protection of for Feedback wasprovided inspection the on by Commissions for The homethe hasinspected beenby National The feedback reportpositive is appropriate WCD authority of Department of Feedback wasprovided the on appropriate WCD authority of Department of The homethe hasinspected beenby The feedback reportpositive is theCommittee JJ the of Court High Feedback wasprovided inspection the on by Committee the of High Court The homethe hasinspected beenby JJ The feedback reportpositive is the ChildCommittee Welfare Feedback wasprovided inspection the on by Welfare Committee The homethe hasinspected beenby Child The feedback reportpositive is the Inspection Committee Feedback wasprovided inspection the on by Inspection Committee The homethe hasinspected beenby Legal aid services home

has beenthe by inspected

Protection of ChildProtection of rights Mental health services for Indicator

including sports

inspection of Child

inspection by

based rights

State

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83 84 work. House father plays role of storekeeper and helper as well. There was no PT Teacher. Assistant teacher played the role of sports teacher. Driver was not available at the time of the inspection.

3. Transport for children attaining education outside campus

There was no transportation facility found in the said Home at the time of inspection. However, children were attaining education outside the campus.

4. Details of Child Protection Policy & Measures

Rule 76 of JJ Act, 2015 mandates that every child care institution shall develop a mechanism (Child Protection Policy) to prevent abuse, neglect and maltreatment of children. During the inspection, it was informed that the said institution is maintaining written Child Protection Policy. However, no child protection policy was made available for inspection.

5. Measures taken to prevent any form of abuse of children

The team during its inspection observed that there are 9 toilets and 11 bathrooms for sanctioned capacity (150) of children. Further as per the prescribed norms the ratio of toilets for children is 8:50 and bathrooms 5:50, whereas in the said boys home only 9 toilets and 11 bathrooms were functional for 150 children. During the Commission’s visit to Umeed Aman Home for Boys, it was informed to the team that younger children are made to take bath in open area of the said home, which is a gross violation of rule 40(3) of the JJ Act, 2015. Further it was observed that age wise segregation of bathrooms and toilets was not maintained in the said Home as per prescribed norm of JJ Act, 2015 & Rules 2016. Older boys, younger boys and the staff have been using the same facility for toilets and bathrooms which increases the risk of younger children being subjected to bullying and sexual abuse by the older ones. As per rule 60 of JJ Act, 2015, every institution shall have systems of ensuring that there is no abuse, neglect and maltreatment should be reported whereas in the above mentioned home, incident of sexual abuse of boys have happened earlier as well. Children of the Home were not aware of the salient provisions of POCSO Act, 2012 and emergency helpline of POCSO E-Box, Child- line.

6. Daily Routine Chart for Children

A proper Daily Routine Chart of activities for children was reportedly drawn. However, at the time of inspection, no such daily routine charts were displayed on any of the prominent locations in the said CCI. During discussions, the staff asserted that the daily routine had been drawn up in due consultation with the children; however it could not be ascertained by the inspecting team during their interaction with the children residing in the said CCI.

7. Health Check-up of Children

During the inspection, it was reported that children undergo health check-up on admission. No such records of health check-ups were produced for examination at the time of inspection. The staff also could not affirm that after admission, regular health check-ups were being conducted. Further, as per Rule 26 of the JJ Model Rules 2016, a CCI may appoint a para-medical staff. However, no para-medical staff was found at the time of inspection.

8. Provision of age-appropriate formal education opportunities

As per the rule 36 of JJ Rules, 2015 every institution shall provide education to all children according to the age and ability, either inside or outside the institution. This CCI was found to have inadequate classroom facility. Age-appropriate formal education was also being provided to children, based on their proper educational assessment. There was no proper classroom facility in the CCI. 85 9. Innovative Activities for developing cooperation & resilience

As per the rule 36 of JJ Act, every institution shall provide education to all children according to the age and ability, either inside or outside the institution. This CCI was found to have inadequate classroom facility. Age- appropriate formal education was also being provided to children, based on their proper educational assessment. There was no proper classroom facility in the CCI.

10. Sources of funding for the institution

During the inspection, financial information and documents related to the sources and utilization of funds was not provided readily by the child care institutions. The Commission during its inquiry was made aware of the multiple sources of funding that this Home gets from the State Governments as well as the other private organizations. These Homes had provided their financial grants received by them through their letter to the Commission and it was brought to the knowledge of the Commission that these homes were being funded under the Sarva Shiksha Abhiyan, DUSIB, Jaipur Nagar Nigam and by Rainbow Foundation India and ARUN.

11. Availability of library facility in the institution

Rule 29 of the JJ Model Rules 2016 provides for the inclusion of a library in the suggested norms for building or accommodation in each institution. Accordingly, this institution was found to have a library facility at the time of the social audit.

12. Inspections conducted and actions taken

Under the JJ Act, 2015 an Inspection Committee constituted by State Government and the Child Welfare Committee have been mandated to conduct periodic inspection of the child care institutions. This institution reported that inspections had been conducted by both of the above mentioned two committees. The staff added that after the inspection, the Inspection Committee had also provided a positive feedback to them. When probed, the staff informed that the Child Welfare Committee had not provided any feedback to them after the inspection. Also, no records were provided for verification regarding this matter at the time of inspection.

13. Children in Need of Care & Protection (CNCP)

As per the JJ Act, any child in need of care and protection shall be produced before the Child Welfare Committee (CWC) without any loss of time, but within a period of 24 hours excluding the time necessary for the journey. On production of a child, the Committee shall hold an enquiry. The Committee on its own or on the report from the concerned person/agency may pass an order to send the child to the children home or a fit facility or a fit person. Provided that all children below 6 years of age who are orphan, surrendered or appear to be abandoned shall be placed in a Specialized Adoption Agency (SAA). The institution staff reported that all children admitted to the home were produced before the CWC within the prescribed time limit. However, the CNCP children were found to have housed in the said CCI whose JJ Registration had expired at the time of inspection.

Specific Recommendations

1. Legal Status

Section 41 of the JJ Act, 2015 specifies that all institutions, whether run by a State Government or by Voluntary or Non- Governmental organizations, which are meant, either wholly or partially for housing children in need of care and protection or children in conflict with law, shall be registered under this Act. The registration status under the JJ Act, 2015 of the said CCI was found to be expired at the time of inspection. It was informed that extension for registration status of the Home has been applied for, however, no record of the same could be provided at the time of inspection. 86 2. Functioning

Rule 39 of the JJ Rules, 2016 specifies that every child care institution shall have a Management Committee for the management of the institution and monitoring the progress of every child. The Rule 39 further specifies that the Management Committee shall meet at least once every month. This CCI was found to be having a Management Committee. However, this Committee was not meeting at least once every month, as specified under the Rule 39 of Model JJ Rules 2016. Hence, this CCI may be directed to hold monthly meetings of its Management Committee. Rule 40 of the JJ Rules, 2016 specifies that Person-in-charge of every child care institution shall facilitate setting up of Children Committees for different age groups of children. Further, the Person-in-charge shall ensure that these Children Committees meet every month. This CCI was found to be having Children Committees which were holding the requisite meetings, as specified under the Rule 40. Hence, no recommendation is being made in this regard.

3. Staff

Rule 26 of the JJ Rules, 2016 suggests a staffing pattern for a child care institution with a capacity of 100 children. The Rule further specifies that the number of posts in each category of staff shall increase or decrease with the change in the capacity of the institution. At the time of inspection the list of staff displayed by the said Home was 30. However, only total 12 staff were found available at the time of inspection i.e. 2 teachers, 3 house mother 1 guard, 1 cook, 1 cleaner, 3 from management staff. Few staff was found to be playing dual role even though provision for separate positions is available. For example, at time of inspection it was noted that Librarian does part time library work and part time crafts work. House father plays role of storekeeper and helper as well. There was no PT Teacher. Assistant teacher played the role of sports teacher. Driver was not available at the time of the inspection.

4. Physical Infrastructure

Rule 29 of the JJ Rules, 2016 gives suggested norms for building or accommodation in each institution with 50 children. At the time of inspection, the following crucial infrastructure found to be inadequate against the specified norms: No. of Bathrooms are below the norms of 1:10. Small children take bath in open as reported by the In-charge. Age-wise segregation of bathrooms was not observed to be made. There were only 11 bathrooms for 129 children in the said Home. Only 11 Bathrooms and 9 Toilets available in the said Home were below the prescribed norms of 1:7. Usage of toilets and bathrooms was not found to be segregated as per age criteria of children. Accordingly, appropriate action may be taken against this CCI.

5. Infrastructural Safety

Besides suggesting norms for building or accommodation in child care institutions, the Rule 29 also emphasizes on infrastructural safety. This CCI was found to be having proper boundary wall/fencing for ensuring the safety of children. Further, it was observed that the rooms and dormitories were not completely free of unstable heavy equipment, furniture, or other items that children could pull down on themselves. It was noted that heavy beddings bundled and put on the top of the beds could fall on any child in the dormitory if pulled by mistake or during play. This could hurt the children and potentially injure them. The Commission also noted that there were Porta Cabins in the premises of the institution and that the children were being kept deplorable conditions. The coolers in few dormitories were open with their electrical wires in easy contact of children; this has potential hazard of transmitting electrical shock posing the risk of an accident/injury. This aspect requires to be attended to by the Home as it could become potential risk to safety and security of children. Also, the rooms of dormitories were not well lit and were tin shaded with inadequate sunlight and dampness in many of them. This can pose potential Health hazard/risk to physical and mental health of children. Since regular fumigation and sanitization during COVID- 19 times of the dormitories was not found to be undertaken, there is a potential Health risk in this regard as well which requires to be looked into by the said CCI. 87 6. Child Care Facilities

As specified in the Rule 38 of the JJ Rules, 2016, this child care institution had sufficient space for outdoor sports and games. The various activities were being conducted under staff supervision to minimize the risk of injury to children. During inspection, it was found that individual beds were being provided to children. Hence, no recommendation is being made in this regard.

7. Prevention and Protection from Abuse

Rule 76 of the JJ Rules, 2016 specifies that every institution shall evolve a system of ensuring that there is no abuse, neglect and maltreatment of children. Further, this system shall be strictly adhered to by all the staff members. During the survey, this institution reported to have developed a child protection policy. They also affirmed that the policy was being duly adhered to by all the staff members of the institution. This institution was found to have instituted the following mechanisms for prevention and protection of children from abuse: Suggestion Box 1098 Hotline CCTV Camera. However there was no place for children to access POCSO E-Box. Neither was there any facility for children to make confidential call to 1098 in case of any instance of child sexual abuse. Though some of the children were aware of basics of good touch and bad touch and POCSO being a penal provision, however, no specific infrastructure was observed for children to seek external help support in case of any staff or person from administration indulging in any kind of abuse. Some children mentioned they would report to the counsellor but did not know what should be done if the counsellor was unavailable.

8. Daily Routine

Rule 32 of the JJ Rules, 2016 specifies that every child care institution shall have a daily routine for children developed in consultation with the Children Committees, which shall be prominently displayed at various places within the institution. This CCI had developed a daily routine of activities, which was not displayed at prominent places within the institution. Further, the staff members affirmed that the daily routine had been drawn up in consultation with children. This aspect needs to be looked into.

9. Nutrition

Rule 33 of the JJ Rules, 2016 mandates that every child care institution shall strictly adhere to the minimum nutritional standard and diet scale specified therein. The staff at this CCI reported that the meals to children were being provided in accordance with the prescribed norms/diet scale. When probed further, they were found to be aware about the nutritional requirement of children at varying stages of development Hence, there is nothing to recommend as regards the diet aspect.

10. Clothing, Bedding and Hygiene

Rule 30 of the JJ Rules, 2016 specifies minimum numbers and standards for clothing and beddings to be provided to children. During the survey, the CCI staff reported that all children were provided individual age and season appropriate cloths as per norms. They further affirmed that seasonally appropriate individual mats and sleeping materials were also being provided to all children. There were no individual beds provided for in the CCI and that there lack of basic infrastructure and sanitation and hygienic needs in the CCI.

11. Medical Care Rule 34 of the JJ Rules, 2016 specifies that in all child care institutions, a Medical Officer shall be made available, on call whenever necessary, for regular medical check-up and treatment of children. The rule further mandates that a Nurse or a Para-Medic shall be available round-the-clock in all child care institutions. During 88 the survey, it was found that this CCI had no arrangement for a Medical Officer on call whenever necessary. Further, the institution did have a Nurse/Para-Medic found at the time of inspection. Strict instructions may be given to the institution to make arrangements for a Medical Officer (on call) immediately. 12. Education

Rule 36 of the JJ Rules, 2016 specifies that every child care institution shall provide education to all children according to their age and ability, both inside the institution or outside, as per requirement. During the survey, the CCI staff reported that educational assessment of children was being conducted to determine their educational need. Accordingly, age appropriate formal education was being provided to all children. Hence, no recommendation is being made with regard to education. Further, Rule 37 of the JJ Rules, 2016 specifies that every child care institution shall provide gainful vocational training to children according to their age, aptitude, interest and ability. Vocational training shall also include life skill education, aimed at suitable placement at the end of the course. During the survey, the CCI staff reported that age appropriate market oriented training was being provided to children. However, no such documents were provided to support the same and or no such infrastructural facility for the same could be observed inside the said Home at the time of inspection. Only one computer lab was found with few functional computers with internet connectivity in some of them only. A dysfunctional sewing machine was found lying in one of the corners of a dormitory. Reportedly on part time crafts teacher comes to teach arts and crafts to children who are also the part time librarian of the said institution. It was informed by the in-charge of the said Home that they have tie-ups for vocational training for children outside Home.

13. Recreation

Rule 38 of the JJ Rules, 2016 specifies that every child care institution shall have recreational facilities, both indoor and outdoor. During the survey, the institution was found to have both, outdoor and limited indoor, recreational facilities. Children are reportedly taken for outings and play out door games in the CCI ground. But the age appropriate facilities as prescribed in JJ Model Rules 2016 were found to be inadequate. This needs attention and provisioning of the same by the said Home.

14. Adherence to JJ Act & Rules

Section 31 of the JJ Act, 2015 specifies that any child in need of care and protection shall be produced before the Children Welfare Committee (CWC) without any loss of time, but within a period of 24 hours excluding the time necessary for the journey. During the survey, it was reported that all children admitted by the institution were produced before the CWC within the prescribed time-limit. It was also emphasized that all children living there had been housed in compliance with CWC orders. Rule 19 of the JJ Rules, 2016 specifies that when a child is brought before the CWC, the Committee shall assign the case to a Case Worker for conducting a social investigation and preparing a Case History. The Case History of each child is to be submitted to the CWC within a time period as stipulated by the CWC. The Rule 19 further states that the CWC shall direct the organization concerned to develop an Individual Care Plan (ICP) for every child placed with it. During the survey, it was reported that Case History of every child was submitted to the CWC within the stipulated time-limit. Also, an Individual Care Plan was being prepared for every child, as mandated in the JJ Rules. Rule 77 of the JJ Rules, 2016 gives detailed description of the various registers, files and records that are to be maintained by the child care institutions. During the inspection, it was found that all the mandated registers, files and records were reportedly maintained but many of them could not be provided at the time of inspection. In the said institution.

89 15. Financial Transparency

During the inspection, financial information and documents related to the sources and utilization of funds was not provided readily by the child care institutions. The Commission during its inquiry was made aware of the multiple sources of funding that this Home gets from the State Governments as well as the other private organizations. These Homes had provided their financial grants received by them through their letter to the Commission; however, after receiving information from those organizations and the State Governments, the Commission has noted serious discrepancies in the funding and utilization of the funds.

16. Programmatic Linkages

To make optimum use of resources, the JJ Act 2015 permits the child care institutions to form programmatic linkages with other institutions and agencies. During the audit, it emerged that this institution has established programmatic linkages with various institutions / agencies for providing various services to the children housed there. However, detailed description and documentary information of the same could not be provided to the team at the time of inspection.

Violations

1. Violation of JJ Act,2015 and Rules,2016

As described above, this child care institution is violating the following Acts & Rules of the JJ Act,2015: Section 41/Rule 21: Registration of the Child Care Institutions ➢ Total number of children present at the CCI are short of its capacity Rule 26: Management and Monitoring of Child Care Institutions ➢ Counselor inadequate ➢ Child Welfare Officer inadequate ➢ House Mother/House Father inadequate ➢ Medical Officer on call not available ➢ Cook inadequate ➢ Helper inadequate ➢ House Keeping inadequate ➢ Records of Recruitment of each staff not available ➢ Reference Check of each staff not available ➢ Work Profile of each staff not available ➢ Performance Appraisal of each staff not available Rule 29: Physical Infrastructure ➢ Counseling Rooms not available ➢ Visitors Room not available ➢ Record Rooms not available ➢ Bathrooms less than prescribed norms of 1:10 90 ➢ Toilets less than prescribed norms of 1:7 ➢ CWC Room not available ➢ Weekly Programme Schedule not displayed ➢ No facilities and support for children with visual needs ➢ No facilities and support for children with special needs ➢ Children were kept in Porta Cabins ➢ Not appropriate maintenance of ceilings walls, floor coverings, draperies, curtains, blinds, furniture, fixtures, and equipment ➢ There were no separate facilities for the staff and the children ➢ The rooms of the home were not segregated and there was mingling of minor children with the elder children, which made the minor children vulnerable to abuse and bullying by the elder children ➢ The staff and the management had not done segregation of children as per the age groups which is a serious violation ➢ Physical infrastructure was not adequate as per JJ Act and Rules

Rule 39: Management Committee • Average number of meetings conducted in a year are less than stipulated 12 meetings Rule 76: Abuse and Exploitation of the child • Written Child protection policy not found • Regular Staff-Children Interface not practiced

Rule 77: Maintenance of Registers • Personal belonging register not maintained

2. (a) Violation of Child Sexual Abuse cases in Home- At the time of inspection, it was reported by the institution that no case of sexual offence has occurred since inception, neither has any case of child rights violation has been reported by this institution. However through various sources, the Commission had come to know that there have been various instances related to child sexual abuse had taken place within the said Home in 2012, 2014, 2016 and 2019. The response given by the Staff and In- charge of the Home regarding this matter has been observed to be misleading and incorrect which is a serious violation and offence. One of the employees of this institution has also informed the Commission that the incidents of sexual abuse are continuing to take place, however they are not being reported.

2. (b)If yes, whether Section 19 of the POCSO Act was followed?: No. 3. Any Other Violation/Observation/Remarks:

***** 91 OOL- B

Focus Group Discussions (FGD) with Children

Focus Group Discussion (FGD) is a qualitative research tool to seek detailed information and deep insight on a particular topic from a group of people.

This FGD aims to provide a decentralized, transparent and accountable monitoring mechanism ensuring child participation and enabling the voice of children in expressing and providing information regarding their experience in the Child Care Institutions.

1. General Principles to Conduct an FGD

The following General Principles have to be followed throughout the conduct of FGD:-

i. Confidentiality ii. Transparency (Transparency means providing information about the purpose of the FGD).

iii. Participation

Keep the questions simple and general. Show that you are genuinely interested in the child/children. Facilitator must speak to the children in an age- appropriate, child friendly manner.

2. Composition of the Focus Group:

In the formation of the group, common characteristics like age, gender, physical proximity in terms of sharing the floor and so on will maintain the homogeneity of the group thereby, providing space to the participants in relating with each other and having a balanced discussion.

3. Number of children-

To be conducted with 8 to 12 children (suggested) in a group separately for boys and girls. (Depends on the number of children in home)

4. Duration-

60-90 minutes

5. Age group-

Same age group

6. Introduction by team.

Facilitators will begin with introducing “NCPCR and its activities”, National Commission for Protection of Child Rights (NCPCR) is the highest institution for the protection of the Rights of children in the country. The Commission is situated in New Delhi. The Team is visiting various Child Care Institutions to assess their situation.

We are here to interact with you and want to hear you talk about your experiences at this Home. There is no right or wrong answer. We will have a discussion on certain topics and you can speak as much as you want to. 92 2 FGD’s were conducted with the children living in Umeed Aman Home. 42 children were part of Focus Group Discussion from the age group of 8-16 years.

7. Rapport Building and generic Conversation

(Begin the discussion with a general, open-ended question about the topic).

To build rapport with the children discussion began with a note on how was everyone keeping during the pandemic and were they aware about COVID situation. Children reported YES. Followed by other question on why were children not wearing their masks? To this children reported that they don’t like to wear masks (giggling). Usage of sanitizer was also enquired to which children responded that it is kept with the guard near the main door. (Observation- no proper hand sanitizing arrangements made).

To break the ice, children were asked what will they like to become in future- Majority of children reported that they would like to become IAS officer.

• “Tell me something about this home.” If it remains unanswered, give prompts like- “thoughts about the home, the people, food” only if needed. [

While asking about the home, 8-10 children said that yahan acha lagta hai. Other children were quite and did not respond. To break the ice, few children were randomly picked and were asked the same question, to which they responded- theek lagta h, hum yaha rehte hai

• Do your friends who live here also share the same thoughts as you about this home? A unanimous agreement was made by the group on same as above. (Observation- few children nodded, some said yes and other listened and kept on looking at the moderator. It was also observed that children who were in the age group of 14-16 reported the most about the same while the younger once were not much verbal)

• Do you think someone would like staying here? Children reported yes, one of the child responded- ‘Haan, me bhi yaha 6 saal se reh raha hu’. It was observed that a child was keeping very quiet and was disinterred in the conversation. The child was observed for some time and some kind of discomfort and unpleasant emotions were noticed. The child was called for a personal interaction later. On interaction with the child, he reported that- ‘Mujhe akele kamre me tala laga k sulate hai, inko lagta h me bhag jaunga, mujhe vaha akele nahi sona apne dosto k pass rehna h ap meri baat karado sir se, mujhe tala na lagaye me nahi bhaguga.’

Please note- the child had self harm tendencies and had made cuts with blade on his full hand and arm, he also shared that he miss his mother who is no more and his father and brothers don’t come to see him or talk to him, ,so he ran from the home to see them. The child had depressive symptoms and needs therapeutic intervention. Upon further inquiry from management it was ascertained that the child was telling truth and he had return back from home a day before that is why they had locked him and made him to sleep with a caretaker, so that he couldn’t escape again. Systematic questioning was used and no incident of physical or sexual abuse was reported. • What would someone not like while staying here? One elder boy responded-‘ Yaha sab ache se hota h’. (Observation: Younger children were looking at the elder ones answering and when they were asked to participate they reported- ‘bade bhaiya sahi keh rahe hai’)

• What are some of the things you find difficult about being in this institution Children reported lockdown- kyuki hum school nahi ja pa rahe hai and sare din yahi rehna hota hai. Children here also reported about lack of proper facilities available for Board games such as ludo, snake and ladder etc…Children also mentioned- Lockdown ki vajhe se bahar nahi jaa pa rahe h kahi bhi. After probing, they told that they use to go for various rallies which they enjoyed a lot. A 11 years old said- ‘Hum cancer k lie rally krne jate h India Gate pr, baki humare bade bhaiya jate h zayada rallies me’ 93

8. Discussing general issues

• What are some of the things you like best and least about being in this institution? A elder boy reported-‘Yaha sab achaa h, kuch b nahi h’ Younger boys disagreed and said ‘yaha khelne ko nahi hai games, hume computer b nhi milta.’ • Can you all tell me something about each of the caregivers/staffs who are in this institution? Sab bhaiya and office me sab ache h. hume sab milta h yaha. (Children didn’t provide information as it was observed that they were under some kind of influence).

• May be the facilitator can name them one by one and ask children to tell – what does the staff do here/ how they help them/ what activities each of them does with them-

• Is there a mechanism to register a complaint or if a complaint box is available?

Yes. Children said-‘Complaint Box hai, Usme kar skate h complaint ya bhaiya ko ja k bhi bata sakte h’

• Are you aware about the procedure to complaint against any staff member or any other children ?

Yes , Complaint Box. (Children were not aware of POCSO Act, 2012).

9. Discussing abuse and safety in the Home premises

“The children are encouraged to speak their mind out about their or their friends worst experiences in the home” and ways to make things better for them.”

• Can someone feel unsafe in this home? How many of you feel the home is very safe. Raise your hand. Children raised their hand, nodded and elder children responded yes, we are safe (It was observed that few children raised their hand and rest copied after looking at them). • Do you all feel safe in this home? If not, can you tell me why/ what makes you feel unsafe? Most of the younger boys were quite, only 5-6 boys responded that- haa, hume yahan safe lagta hai. • Do you like going to the staff to inform about anything bad happening to anyone? If yes, what do they do aboutthat?

Children responded “Yes”, they solve our problems. Some discomfort in the body language was sensed in younger children. When asked the question separately to them motivating them to speak, they responded- ‘Bas bade bhaiya ki baat sunte h humari to koi bhi nahi sunta’.

• Have you ever been in a situation where you feared losing your life or being severely harmed?

No response was given by the children. All of them kept quiet.

• Do you know of a friend who did not like the way they were treated here? (Give prompts- hit; kissed but did not want to be kissed; touched here and there.) Was it shared with anyone?

(When children are asked questions related to abuse experiences, they may feel uncomfortable to talk about it in a group. Thus, these questions should be also asked children through individual interviews. Individual interviews can be conducted with children in whom signs of abuse and/or children who volunteer information and seem more ready to be vocal). During the FGD with the boys no such incidence of abuse was reported. 94 • If any of you wants to talk about it separately, please let us know after the discussion. Children remained quiet.

• Have you or any of your friend in this home have ever tried to harm or kill yourself/himself/herself?

No such information disclosed in FGD.

• The details of incidents shared with the team: Nil

• If there is one thing you want to improve about this home what would it be and why?

During the FGD, they were mentioning again about the play material, computer, internet and missing on going out.

10. CONCLUDING FGD

Concluding FGD- Towards the end of the session, restate the objectives of the FGD and summarize the main points made by the participants and ask them if the discussion has missed any important issues or questions.

Express sincere appreciation for the participants’ attention, time, and contributions and restating that the facilitators will be there for sometime if someone wants to stay back and talk to them.

FGD was concluded by restating the objectives and summarizing the point’s discussed. They were also motivated to talk about anything that they want us to help them with in the home. Children then mentioned the below points-

• House brother to get some more indoor/board games for them. • Some children told that the teacher of Computer lab doesn’t come and they don’t get the opportunity to do homework using internet. Children added here- ‘Ye log hum chote bacho ko internet nahi chalane dete h jisse humari padhai me nuksaan hota hai, bade bache facebook karte hai unko kuch bhi nahi bolte hai vo kuch b karte hai’. 95

11. OBSERVATION OF THE TEAM

A. COVID-19 RELATED:

i. It was noted by the inspecting team of NCPCR that social distancing and COVID-19 norms were not followed properly inside of the Home. Several Children were found without Masks.

B. INFRASTRUCTURE RELATED:

i. The total capacity of the Home was 150 and during the time of inspection 129 children were housed in the said Home. However, upon verification of dormitories, bathrooms and toilets, they were found insufficient as prescribed in the JJ Act 2015 and its model Rules 2016. There were only 9 toilets and 11 bathrooms for 129 children. Also, some of the children took bath in open area as reported by the staff- ‘Chote bacho ko subhe k samye yahi nehla dete hai’(pointing at the open area) ii. It was also noted that the linens were found to be unclean with damp smell in most of the dormitories. The washed wet clothes of children were also found to be drying inside the room adding to the damp smell and increased chances of spread of infection amongst children. Light in the rooms were very dull and rooms were dark. iii. In one of the dormitories, two children were found to be having no separate bed/ bedding. They were sharing the bedding iv. In one of the dormitories, it was observed that educational activities were carried out in the same room where children had been residing. The room did not have bunk beds instead had mattresses heaped in one side of the room.

C. STAFFING RELATED:

i. Only 13 Staff members of Home were found to be present during the time of visit of NCPCR Team. Total staff of the Home is 30 as reported by House In-charge. Only 2 teachers, 3 House Mothers, 1 Guard, 1 Cook in Kitchen, 1 cleaning and 3 persons from Management team were found available at the time of inspection. ii. The Counselor of the Home was not available; it was informed that she comes on alternate days. The counseling records maintained were examined and were found to be very basic and repetitive for most of the children. iii. The Commission had noted instance of child being used in kitchen as helper for the purpose of cooking and cleaning. When asked it was informed that the child was made to do the kitchen related work to help him learn basic skills. Also, it was informed that the helper to cook hasn’t come today so kids are helping. iv. Police verification of all the staff has not been done so far. However, few staff has undergone police verification. The police verification records of all staff were not present in the file. v. The accountant was not present at the time of visit. Petty cash register could not be examined because of that. Documents related to financial transactions etc. were not available during the inspection. It was informed that they shall arrange from their central office. vi. Librarian duplicates for Arts and Craft Teacher. He is part time Librarian and part time craft teacher. vii. No physical education teacher currently available in home. viii. Only one case worker available at the time of visit of the team. Page 22 of 23 96

AWARENESS RELATED TO CHILD RIGHTS AND POCSO:

i. It was reported that periodic online sessions of staff are being done by an external pediatrician who teaches them about COVID related aspects. It was also informed to the NCPCR team that there is full awareness amongst children regarding POCSO. It was also informed that there has been no instance or case of abuse found in this Home. On random checking with children some of the children were aware about good touch Vs bad touch and what they should do in case if they are subjected to sexual abuse or any form of exploitation. They mentioned that they will inform to bhaiya and later to disciplinary committee and others. There was no information regarding POCSO E-box or helpline number amongst children. No information was displayed on board as well.

ii. Upon enquiring regarding issues related to any child rights violations faced by them or violations /problems faced by them in general, it was reported by a child that – ‘zayada tar dekha jaye to Modi Ji Hindu ko hi support karte hai aur jese Pakistan ko le k itna ladai dikhate h vo karna nahi chaiye. Ap Baat cheet karo pyaar se, vo samjhega’

VISITS/EXCURSIONS OF CHILDREN IN HOME:

I. 2 FGDs were conducted with boys in the age group 8-16 years. It was mentioned by some of the boys that they were taken for excursion trips outside homes to places like Jajpur and Uttarakhand (Jim Corbett National Park). Also, it was mentioned that they had accompanied their “Bade Bhaiyaas” for participating in few marches and rallies. A child also mentioned that a Bade Bhaiya who is not living here now, went to JANTAR MANTAR as well.

II. Children also mentioned that due to pandemic no visitors are coming. Earlier they told that volunteers use to come from Germany and spend time with them. They use to play, do activities with the small boys. A child reported that- ‘Mike bhaiya, Sophie didi, Leonard and Philip bhaiya and Kasie didi aate the humse milne aur humare sath rehte the, humare sath activites krte h choti choti team bnane vali, humare rights k bare me bhi batate h. Hume ek didi aayi thi unhne nuked natak bhi sikhaya tha.’ Few elder children mentioned that they only use to do activities with small boys and they use to talk to them only when they had some need and wanted to ask something.

Play Material:

Play material are not sufficient for them as reported by children.

Page 23 of 23 ANNEXURE R/4 भारतसरकार 97 GOVERNMENT OF INDIA राष्ट्रीयबालअधिकारसंरक्षणआयोग NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS नईदि쥍ली- ११०००१ NEW DELHI-110 001

1/VISIT/CP/NCPCR/2020-21 Date-30.11.2020

To, Shri S N Srivastava, IPS Commissioner of Police, Delhi Police, Office of the Commissioner of Police, Delhi Police Headquarters, Jai Singh Road, New Delhi-110001 E-mail: [email protected]

Subject- “Regarding- Investigation of alleged Child Sexual Abuse cases occurring in Umeed Aman Ghar for Boys, South Delhi”

National Commission for Protection of Child Rights (NCPCR) is a statutory body constituted under Section 3 of Commissions for Protection of Child Rights Act, 2005, which is entrusted with the protection, promotion and monitoring of child rights and other matters related or incidental thereto.

2. NCPCR under Section 13(1)(j) of Commissions for Protection of Child Rights Act, 2005 had taken cognizance upon complaints against two CCIs of Delhi namely, Umeed Aman Ghar, South Delhi and Khushi Rainbow Home for Girls, South Delhi, which are administered by the NGO-Centre for Equity Studies. In view of the serious allegations made against these children homes by the complainant, the Commission deemed it appropriate to conduct a detailed inquiry in the matter. In this regard, NCPCR formed two teams led by the Chairperson, NCPCR which inspected these two children homes on 1st October, 2020.

3. During the ongoing inquiry of these two children Homes, NCPCR has received information from a staff member of the Umeed Aman Home for Boys, South Delhi, alleging that the elder children of the Home are involved in sexually abusing the younger children and that one Mr. Afsar Alam, who is heading this programme in Delhi is hiding everything and not reporting such child sexual abuse cases that are happening in this children home. The staff member of the Home has also informed about this one boy namely, Shakur Ali, son of an employee of Centre for Equity Studies, is involved in sexually abusing a younger boy and that this incident has not yet been reported to any authority. This staff member of the home has further informed that such incidents of child sexual abuse are recurring in this children home and none of these incidents have been reported by the Home and have been concealed from the concerned Child Welfare Committee as well.

5वा तल, चन्द्रलोकबबल쥍डंग, ३६जनपथ, नई दि쥍ली-११०००१ 5th Floor, Chanderlok Building, 36 Janpath, New Delhi-110001 िरू भाष/Ph:011-23478200, फै啍स /Fax:011-23724026 Web: www.ncpcr.gov.in, , Lodge your complaint at : www.ebaalnidan.nic.in 98 4. It is pertinent to mention here that non-reporting of a child sexual abuse case is a punishable offence under Section 21 of the POCSO Act, 2012 and that such an act of non-reporting of these alleged incidents of child sexual abuse by the staff members and management of children home jeopardizes the safety and security of the children in the Home.

5. Due to the request of the staff member of the Home (who has given this information to NCPCR) the Commission is obliged to maintain confidentiality of the name of the staff member in this regard. However, the Commission is open to provide assistance and present all facts available with the Commission to the Delhi Police during the investigation.

6. Therefore, keeping in view the safety and security of children in this home, it is requested that an investigation under the appropriate provisions of POCSO Act, 2012, IPC and any other law may be initiated immediately and strict action must be taken in the matter. It is further requested that a compliance/action taken report should be sent to NCPCR within 10 days.

Yours faithfully,

Sd/-

(Anu Chaudhary) Registrar

ANNEXURE R/5 भारतसरकार 99 GOVERNMENT OF INDIA राष्ट्रीयबालअधिकारसंरक्षणआयोग NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS नईदि쥍ली- ११०००१ NEW DELHI-110 001

1/VISIT/CP/NCPCR/2020-21 Date-30.11.2020

To,

Smt Madhu K. Garg, IAS, Secretary, Department of Women and Child Development, Government of NCT of Delhi, Maharana Pratap ISBT Complex, Kashmere Gate, New Delhi-110001 Email- [email protected]

Subject- “Regarding- Inquiry conducted by NCPCR in the matter of two children homes-Umeed Aman Ghar for Boys, South Delhi and Khushi Rainbow Homes for Girls, South Delhi”

National Commission for Protection of Child Rights under Section 13(1)(j) of CPCR Act, 2005 had taken cognizance upon complaints against two CCIs of Delhi namely, Umeed Aman Ghar, South Delhi and Khushi Rainbow Home for Girls, South Delhi. In view of the serious allegations made against these homes by the complainant the Commission deemed it appropriate to conduct a detailed inquiry in the matter. In this regard, NCPCR formed two teams led by the Chairperson, NCPCR which inspected these two Homes on 1st October, 2020.

2. During the inspection of the Homes, prima facie many violations of Juvenile Justice Act, 2015 and its Rules, 2016 and various other irregularities came to the notice of the Commission. In addition to the inspection, the Commission was also informed by former Member, NCPCR about a child sexual abuse incident that had occurred in one of these Homes in 2012. The Commission then, to inquire further into this matter, called for necessary information/documents from the concerned authorities, including Department of WCD, Govt of NCT of Delhi and examined the facts and issues involved. It is stated that, after the inquiry of the Commission, there are many new facts and irregularities that have come to the knowledge of the Commission, which are in violation of not only the provisions laid down by the JJ Act, 2015 and JJ Rules, 2016 but also, other provisions related to POCSO Act, 2012; financial irregularities etc.

3. It is pertinent to mention here, that in the inspection and inquiry of the Commission, the condition of the children in these homes has been observed to be deplorable. The management and the staff of the home have a callous attitude towards the welfare and well-being of the children and the upkeep of these homes is not as per standards. The basic infrastructure as per the required norms is also not provided in these homes and there is no segregation of children as per age group, which makes the minor children vulnerable to abuse

5वा तल, चन्द्रलोकबबल쥍डंग, ३६जनपथ, नई दि쥍ली-११०००१ 5th Floor, Chanderlok Building, 36 Janpath, New Delhi-110001 िरू भाष/Ph:011-23478200, फै啍स /Fax:011-23724026 Web: www.ncpcr.gov.in, , Lodge your complaint at : www.ebaalnidan.nic.in 100 and bullying by the elder children. The Commission recommends immediate shifting of the children from these CCIs to another suitable institution.

4. Further, based on the other violations and irregularities observed by the Commission, a report in the inquiry of the two homes is enclosed, wherein the Commission has highlighted the issues noticed by the Commission along with recommendations for the same. (Copy of the report along with inspection reports enclosed)

5. Therefore, in view of the observations of the Commission and the recommendations made thereof in the enclosed report, it is requested that the Department of WCD, Govt of NCT of Delhi may take appropriate action in the matter and in accordance with the procedure laid down under Juvenile Justice Act, 2015, shift the children immediately from these CCIs to a suitable institution for them.

6. Further, it is requested that Department of WCD, Govt of NCT of Delhi should send a compliance/action taken report on the recommendations of NCPCR (as given in the enclosed report) within 10 days.

Yours faithfully,

Sd/- Anu Chaudhary (Registrar)

भारतसरकार 101 GOVERNMENT OF INDIA राष्ट्रीयबालअधिकारसंरक्षणआयोग NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS नईदि쥍ली- ११०००१ NEW DELHI-110 001

1/VISIT/CP/NCPCR/2020-21 Date-30.11.2020

To,

Shri H. Rajesh Prasad, Principal Secretary (Education), Education Department, Govt of NCT of Delhi, Old Secretariat, New Delhi-110054 Email: [email protected]

Subject- “Regarding- Inquiry conducted by NCPCR in the matter of two Homes-Ummeed Aman Ghar for Boys, South Delhi and Khushi Rainbow Homes for Girls, South Delhi”

National Commission for Protection of Child Rights under Section 13(1)(j) of CPCR Act, 2005 had taken cognizance upon complaints against two CCIs of Delhi namely, Umeed Aman Ghar, South Delhi and Khushi Rainbow Home for Girls, South Delhi. In view of the serious allegations made against these homes by the complainant, the Commission deemed it appropriate to conduct a detailed inquiry in the matter. In this regard, NCPCR formed two teams led by the undersigned, which inspected these two Homes on 1st October, 2020.

2. During the inspection of these Homes, prima facie many violations of Juvenile Justice Act, 2015 and its Rules, 2016 and various other irregularities came to the notice of the Commission. In addition to the inspection of these children homes, the Commission was also informed by former Member, NCPCR about a child sexual abuse incident that had occurred in one of these Homes in 2012. The Commission, then, to inquire further into the case of child sexual abuse and other violations noticed by NCPCR, called for necessary information/documents from the concerned authorities. The facts and issues as presented before the Commission by these children homes and the concerned authorities related to these Homes were then examined by the Commission. It is stated that, after the inquiry of the Commission, there are many new facts and irregularities that have come to the knowledge of the Commission, which are in violation of not only the provisions laid down by the JJ Act, 2015 and JJ Rules, 2016 but also, other provisions related to POCSO Act, 2012; financial irregularities, registration of these children homes etc.

3. During the inquiry of the homes, the Commission has come across many irregularities in the MoU that was signed between Centre for Equity Studies and the Department of Education, Govt of NCT of Delhi under the Sarva Shiksha Abhiyan. The Commission has noticed many discrepancies between the provisions of the MoU and the compliance of the provisions being done by these children homes, including the

5वा तल, चन्द्रलोकबबल쥍डंग, ३६जनपथ, नई दि쥍ली-११०००१ 5th Floor, Chanderlok Building, 36 Janpath, New Delhi-110001 िरू भाष/Ph:011-23478200, फै啍स /Fax:011-23724026 Web: www.ncpcr.gov.in, , Lodge your complaint at : www.ebaalnidan.nic.in 102 discrepancy in the grant and utilization of the funds received under the SSA. Further, the Commission after perusal of the provisions of the MoU, is also of the view that some of the provisions of the MoU are ambiguous in nature and are required to be re-examined.

4. Based on those violations and irregularities observed by the Commission, a report of the inquiry of NCPCR is enclosed, wherein the Commission has highlighted the issues/violations noticed by it along with the recommendations for the same. (Copy of report along with inspection reports enclosed)

5. Therefore, in view of the observations of the Commission and the recommendations made thereof in the enclosed report, it is requested that the Education Department, Govt of NCT of Delhi may take appropriate action in the matter and should send a compliance/action taken report on the recommendations of NCPCR (as given in the enclosed report) within 10 days.

Yours faithfully,

Sd/- (Anu Chaudhary) Registrar

भारतसरकार 103 GOVERNMENT OF INDIA रा�ट्र�यबालअ�धकारसंर�णआयोग NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS नई�द쥍ल�- ११०००१ NEW DELHI-110 001

1/VISIT/CP/NCPCR/2020-21 Date-30.11.2020

To, Shri S N Srivastava, IPS Commissioner of Police, Delhi Police, Office of the Commissioner of Police, Delhi Police Headquarters, Jai Singh Road, New Delhi-110001 E-mail: [email protected]

Subject- “Regarding- Inquiry conducted by NCPCR in the matter of two Children Homes-Umeed Aman Ghar for Boys, South Delhi and Khushi Rainbow Homes for Girls, South Delhi”

3. During the inspection of the Homes, prima facie many violations of Juvenile Justice Act, 2015 and its Rules, 2016 and various other irregularities came to the notice of the Commission. In addition to the findings of the inspection, the Commission was also informed by former Member, NCPCR about a child sexual abuse incident that had occurred in one of these Homes in 2012. The Commission, then, to inquire further into the case of child sexual abuse and other violations noticed by NCPCR, called for necessary information/documents from the concerned authorities. The facts and issues as presented before the Commission by these children homes and the concerned authorities related to these Homes were then examined by the Commission. It is stated that, after the inquiry of the Commission, there are many new facts and irregularities that have come to the knowledge of the Commission, which are in violation of not only the provisions laid down by the JJ Act, 2015 and JJ Rules, 2016 but also, other provisions related to POCSO Act, 2012; financial irregularities, registration of these children homes etc.

5वा तल, चꅍद्रलोक�बि쥍डंग, ३६जनपथ, नई �द쥍ल�-११०००१ 5th Floor, Chanderlok Building, 36 Janpath, New Delhi-110001 दरभाष/ू Ph:011-23478200, फै 啍 स / Fax:011-23724026 Web: www.ncpcr.gov.in, , Lodge your complaint at : www.ebaalnidan.nic.in 104 4. The Commission, during the inquiry of these Homes, has found many violations under the JJ Act, 2015 and its Rules, 2016, Indian Penal Code, POCSO Act etc. under which the staff and management of these children homes are liable for action against them. The Commission is of the view, that such violations, as observed during the inspection and inquiry of the Commission, are required to be further examined and investigated under the appropriate provisions of law by the concerned law enforcement agency.

5. Therefore, based on the violations and irregularities noted by the Commission, a report of the inquiry of the two children homes is enclosed, wherein the Commission has highlighted the issues noticed by the Commission, along with recommendations for the same. (Copy of the report along with inspection reports enclosed)

6. Hence, in view of Point IV(8), (10) and (11) of the recommendations as cited in the enclosed report of the Commission, it is requested that the Delhi Police may further examine these violations and may take appropriate strict action in the matter.

7. Further, it is requested that a compliance/action taken report in the matter should be sent to NCPCR within 10 days.

Yours faithfully,

Sd/- (Anu Chaudhary) Registrar

भारतसरकार 105 GOVERNMENT OF INDIA राष्ट्रीयबालअधिकारसंरक्षणआयोग NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS नईदि쥍ली- ११०००१ NEW DELHI-110 001

1/VISIT/CP/NCPCR/2020-21 Date-30.11.2020

To, Dr. O.P Mishra, IPS, Jt. CP/EOW, Office of Joint Commissioner of Police: Economic Offences Wing, PS Mandir Marg Complex, New Delhi-110001 E-mail: [email protected]

Subject- “Regarding- Inquiry conducted by NCPCR in the matter of two Children Homes-Umeed Aman Ghar for Boys, South Delhi and Khushi Rainbow Homes for Girls, South Delhi”

3. During the inspection of the Homes, prima facie many violations of Juvenile Justice Act, 2015 and its Rules, 2016 and various other irregularities came to the notice of the Commission. In addition to the observations of the inspection, the Commission was also informed by former Member, NCPCR about a child sexual abuse incident that had occurred in one of these Homes in 2012. The Commission, then, to inquire further into this matter, called for necessary information/documents from the concerned authorities and examined the facts and issues as presented before the Commission by these children homes and the concerned authorities related to these Homes. It is stated that, after the inquiry of the Commission, there are many new facts and irregularities that have come to the knowledge of the Commission, which are in violation of not only the provisions laid down by the JJ Act, 2015 and JJ Rules, 2016 but also, other provisions related to POCSO Act, 2012, financial irregularities etc.

5वा तल, चन्द्रलोकबबल쥍डंग, ३६जनपथ, नई दि쥍ली-११०००१ 5th Floor, Chanderlok Building, 36 Janpath, New Delhi-110001 िरू भाष/Ph:011-23478200, फै啍स /Fax:011-23724026 Web: www.ncpcr.gov.in, , Lodge your complaint at : www.ebaalnidan.nic.in 106 4. The Commission, during the inquiry of these Homes has been informed that these homes are in receipt of Government grants as well as funds from private organizations including foreign funding. There have been many discrepancies noticed between the grants received by these homes and the utilizations of those grants, especially with regard to the funds received from the State Government. Accordingly, the Commission is of the view that these financial irregularities, as observed by the Commission, should be further examined and a detailed investigation should be conducted in this matter.

5. Further, based on the violations and irregularities noted by the Commission, a report of the inquiry of the two children homes is enclosed, wherein the Commission has highlighted the issues noticed by the Commission, along with recommendations for the same. (Copy of the report along with inspection reports enclosed)

6. Therefore, in view of Point IV(6) and (13) of the recommendations as cited in the enclosed report of the Commission, it is requested that the Economic Offences Wing, Delhi Police may further examine these issues and may take appropriate strict action in the matter. It is further requested that your good offices may inform NCPCR about the action taken in the matter as well.

Yours faithfully,

Sd/- (Anu Chaudhary) Registrar

ANNEXURE R/6 107

National Commission for Protection of Child Rights Janpath, New Delhi

Subject- “Inspection report of NCPCR conducted for 05 Children Homes situated in Bangalore, Karnataka” Background- National Commission for Protection of Child Rights (NCPCR) under section 13(1) (j) of CPCR Act, 2005 had taken cognizance on a complaint received against Ummeed Aman Home for Girls and Khushi Rainbow Home for Girls in South Delhi running under Centre for Equity Studies for violations of Juvenile Justice (Care and Protection of Children) Act, 2015. In this regard, NCPCR inspected the said two Homes in October, 2020 and found many violations of the Juvenile Justice Act, 2015 & its Rules, 2016 and various other irregularities which resulted in deprivation and violation of rights of children.

2. Due to the serious nature of violations and irregularities found by NCPCR in these Homes, the Commission decided to inspect all the children homes run/funded/managed by Centre for Equity Studies and associated organizations (those who had been funding the above-mentioned two children homes of South Delhi) across the country. Further, the Commission also during its inquiry of the two children homes in Delhi was made aware about the funding being received by these Homes from ARUN-India and Rainbow Foundation India as well. Keeping in view of the serious discrepancies and violations observed by the Commission in the two Homes in Delhi, the Commission deemed it appropriate under its functions assigned in Section 13 of the CPCR Act, 2005 to inspect the Child Care Institutions being run by these two orgainizations as well. Accordingly, Chairperson, NCPCR and Members of NCPCR inspected 05 children homes in Bengaluru which are being run by ARUN-India and Rainbow Foundation India.

3. The following children homes were inspected by the teams of NCPCR in Bengaluru-

i. Need Base Rainbow Home, Government Model Primary School, Bengaluru, Karnataka ii. RFI, Rainbow Home, Government Model Primary School, Bengaluru, Karnataka iii. Auxilium Rainbow Home, G.K.M.P School, Bengaluru iv. Bosco Rainbow Home, Hombe Gowda Kannada Primary School, Bengaluru v. Need Base India Sneh Ghar, Government Primary School, Bengaluru

108

4. The team during the inspection has made the following observations-

I. Legal Status and Capacity-

Section 41 of the JJ Act, 2015 provides for mandatory registration of all CCIs, it says that all institutions for housing children shall be registered under the Act. At the time of registration, the State Government shall determine and record the capacity and purpose of the institution and shall register the institution accordingly. A provisional registration shall be valid for maximum period of six months and after the Home is duly registered under the Act, it shall be registered for a period of five years and thereafter, subject to renewal in every five years. Section 42 of the JJ Act, 2015 specifically provides that any institution housing children without a valid registration shall be punished with imprisonment upto one year or a fine not less than one lakh rupees or both.

i. Need Based India Rainbow Home- This Home at the time of inspection had provided a copy of the provisional registration certificate under JJ Act, 2015 dated 18.03.2021, the registration of this Home was observed to be under process. This Home had obtained its provisional registration under the JJ Act, 2015 on 18.03.2021 only and the Home was known to be functioning and housing children prior to the grant of provisional registration. The said CCI has was established in 2011 and received Provisional certificate under JJ Act, 2015 on 18.03.3021. The CCI was observed to be running as unregistered CCI since 2011 which is a serious violation of Section 41 of JJ Act, 2015 and its Rules 2016. This CCI is being run by a Non-Government Organization, Need Base India and funded by (Association for Rural and Urban NEEDY) ARUN. This CCI does not have a building of its own, the CCI is running in a Government school building provided by Government of Karnataka and houses only girls. ii. RFI Rainbow Home- This CCI had two registrations at the time of inspection, one for 7-11 age group dated 11/02/2021 and the other for 12-18 age group dated 11/02/2021. The CCI is running since 2018 and had got its provisional registration on 11/02/2021. The registration of this CCI is a provisional registration which is valid for only six months. This CCI is housed in Government Model Primary School, Domlur, Bengaluru and houses girls. This CCI is receiving funds from Rainbow foundation India, APPI and BOSCH.

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iii. Auxilium Rainbow Home- This CCI is being run by a Non-Government Organization, named Auxilium Navjeevana and does not have a building of its own. The CCI runs in a Government School building. This CCI houses only Girls from age 6 to 17. This CCI reported that it is receiving grant from funds from its parent organisation, independent donors and government funding of approx.. Rs. 3,00,000/-. The CCI, at the time of inspection had not provided any documents giving proof of its registration under JJ Act, 2015. However, the inspection team was shown a registration document of another home which is located on a different address nearby to Auxilium Rainbow Home. Therefore, at the time of inspection no valid registration of this CCI was produced before the Commission. Therefore, the Commission observed that this CCI was functioning and housing children without any valid registration under Section 41 of JJ Act, 2015.

iv. Need Based India- Sneh Ghar- This CCI is being run by a Non-Government Organization, named Need Based India and does not have a building of its own. The CCI runs in a Government School building. This CCI houses only Boys. This Home at the time of inspection was found to be temporarily registered under the JJ Act, 2015. It was observed that the Home had obtained the said registration just two days before the inspection ie. 18.03.2021. Even though, this CCI had got its provisional registration on 18.03.2021, this CCI had been functioning and housing children without any valid registration under Section 41 of the JJ Act, 2015. It is also to be noted that the CCI which are provisionally registered under the Act, hold valid temporary registration for a period of six months only. The CCI has to get itself permanently registered under Section 41 of the JJ Act, 2015.

v. Bosco Rainbow Home- This CCI does not have a building of its own. The CCI runs in a Government School building. This CCI houses only girls. At the time of inspection, this CCI was found to be registered under the JJ Act, 2015.

The Homes inspected in Bengaluru were observed by the Commission to be either under the process of registration under the JJ Act, 2015 or had obtained registration just prior to the inspection of the Commission. However, these CCIs had been operating and housing children way prior (as old as 2011) to getting their registrations. Further, the details of these CCIs were provided to the Commission in pursuance to the ongoing inquiry in the matter of 02 children homes operated by Centre for Equity Studies. Therefore, it is observed by the Commission that these institutions were housing children even prior to the obtainment of provisional registration under JJ Act, 2015 and hence, were operating in contravention of the provisions of JJ Act, 2015. These CCIs were found 110

to be in violation of Section 41 of the JJ Act, 2015 for housing children without valid registration and liable to punishment under Section 42 of the JJ Act, 2015. In 01 CCI (Auxilium Rainbow Home) the management could not show a valid registration to the inspection team and therefore, the home was found to be in violation of Section 41 of JJ Act, 2015 which is punishable under Section 42 of the JJ Act, 2015.

II. Non-production of children before CWC- Section 31 of the Juvenile Justice Act, 2015 provides that any child in need of care and protection may be produced before the Child Welfare Committee so that necessary orders in the best interest of that child may be passed by the CWC. Further, Section 32 of the JJ Act, 2015 provides for mandatory reporting of child found to be separated from a guardian meaning that any child found to be lost or abandoned or appears to be orphan shall be reported to CWC or ChildLine services or District Child Protection Unit or nearest police station or to a child care institution and then produced before the Child Welfare Committee. Section 33 of the Act provides that in case information regarding a child as required under Section 32 is not given within the stipulated time, then the same shall be regarded as an offence and in case a person commits an offence under Section 33 (fails to report a child) then Section 34 of JJ Act, 2015 provides that such person shall be liable to imprisonment up to six months or fine of ten thousand rupees or both. The detailed process for production of child before the Child Welfare Committee has been given under Rule 18 of the JJ (Model) Rules, 2016.

i. Need Based India Rainbow Home- At the time of inspection, out of 97 children living in the Home, 19 children were found to be living with the orders of the Child Welfare Committee, that is that 78 children staying in the CCI had not been produced before the CWC. This CCI is observed to be in violation of Section 31 of the JJ Act, 2015 and Rule 18 of the JJ Rules, 2016.

ii. RFI Rainbow Home- Out of the 47 children living in the Home, 01 child was found to be not produced before the Child Welfare Committee. The CCI is observed to be in violation of Section 31 of the JJ Act, 2015 and Rule 18 of the JJ Rules, 2016 for not producing the one child before CWC, who was found to be living in the CCI without the orders of the CWC.

iii. Auxilium Rainbow Home- Most of the children in the Home were produced before the CWC but were living without the orders of CWC. On random perusal of the individual file the team observed that the children were not being produced on regular basis. Children who are permanent residents 111

of Bengaluru were also being sent to parallel homes run by the sister concerns without prior permission or consent or Order of CWC. Most of the children are in long term stay at the home even though natural guardian of such children are alive. Section 3(xii) of the JJ Act, 2015 provides for Principle of institutionalisation as a measure of last resort. It states that a child shall be placed in institutional care as a step of last resort after making a reasonable inquiry. Therefore, the CCI is in violation of the basic principles provided under the JJ Act, 2015 to be followed while ensuring the rights of children and in this case the children are being kept in the CCI without any orders of the CWC, even though natural guardians of the children are alive. It is observed that even though the CCI reported that children living there had been produced before the CWC, there no copy of CWC orders found in the files of the children by the team. The children in this CCI were observed to be living without orders of CWC. iv. Need Based India- Sneh Ghar- As per the information provided by the CCI, out of 71 children housed in the CCI, 68 children had not been produced before the CWC. The management of the CCI were housing children in the CCI without any information to the authorities and without production before CWC, therefore, they are in violation of provisions of Section 31 and Rule 18 of the JJ Rules, 2016.

v.Bosco Rainbow Home- At the time of inspection, this children in this Home were found to be produced before the CWC and necessary orders passed by the CWC for the children were also available in the Home. However, it was observed by the Commission, that the children had been produced before the CWC after the prescribed limit and the orders that were available were also dated beyond the prescribed limit. That is to say, that Section 31 and 32 of the JJ Act, 2015 mandates that all such children who are in need of care and protection must be produced before the Child Welfare Committee within 24 hours and the inspection team found that the children were produced after the lapse of the period of 24 hours which was in violation to Section 31 and 32 of JJ Act, 2015.

These CCIs, as mentioned above, which had not produced the children before the CWC were observed to be in violation of Section 31 of JJ Act, 2015 and Rule 18 of the JJ Rules, 2016. It is necessary that every child is found or reported must be produced before the CWC within 24 hours and if the same is not being followed and the children are being housed in the CCI without being produced before the CWC/orders of CWC, then the same is a gross irregularity and a serious violation, for which necessary action needs to be taken. 112

Further, it is also essential to identify that whether these children living in the CCI without being produced before CWC, are children who fall under the category of children that have to be mandatorily reported as per Section 32 of the JJ Act, 2015. It is to be inquired that how many of such children living in the CCI were found to be lost, abandoned or having claimed to be orphaned, and if the Home is found to be in violation of the Section 32 of the JJ Act, 2015, then action has to be taken as per Section 34 of JJ Act, 2015 and investigation under Section 34 of the JJ Act, 2015 needs to be initiated to identify the offenders.

III. Lack of physical infrastructure and mandated staff- The provisions of JJ Act, 2015 and JJ (Model) Rules, 2016 prescribes certain minimum standards of care and parameters for infrastructure of the CCI. The CCIs housing child must adhere to these parameters and prescribed standards for the welfare and best interest of children living in such CCIs.

i. Need Based India Rainbow Home- Rule 29 of the JJ Act, 2015 gives suggested norms for building or accommodation in each institution with 50 children. At the time of inspection, the following crucial infrastructure found to be inadequate against the specified norms:

a. At the time of inspection, it was found that there was only one dormitory and at night children slept in the classrooms. For 97 children only one dormitory was observed to be inadequate and gross violation of 29(6)of the Juvenile Justice Act, 2015. b. With regard to the bathrooms/toilets in the CCI, it was found that 09 bathrooms and 07 toilets were available for 97 children which were observed to be inadequate. 04 open toilets were available for younger children and it was also observed that bathrooms and toilets were situated at ground floor in school building whereas the dormitory was at first floor. The Commission was told that at night children have to go to ground floor for toilet, which was observed to be uncomfortable for children and a concern for safety of girls. c. During the inspection it was found that there was no dining hall for the children. Children take their meals in the corridor near to the kitchen area. d. Infrastructural Safety- it was noted that at first floor near office room of the said CCI, there was one area which had a gate and lock but had no boundary wall, such area was observed to be dangerous from where any child could fall. There was only one dormitory with lockers of children and beddings. It was also observed that some 113

of the girls sleep in the classrooms at night which has table, computers etc, which was very risky and dangerous. Also, the rooms of dormitories were not well lit, ventilated properly. This can pose potential Health hazard/risk to physical and mental health of children. For 97 children, there is no proper place or dormitories, that poses a potential Health risk in COVID time. e. Child Care Facilities- During the inspection, it was found that individual beds were not provided to the children. The children in the CCI were given individual mattresses to sleep at night. ii. RFI Rainbow Home- a. This CCI, at the time of inspection was not found to be having crucial infrastructure as per the prescribed standards under the JJ Act, 2015 and JJ Rules, 2016. The CCI had 01 room which was used for children’s studying, as dormitories, as a recreational room, sleeping of staffs and as a counselling room. There were no separate room for classes of children and sleeping of children even though the CCI is being run in a school building no appropriate facilities were found by the Commission for education of children. Further, the CCI did not follow age segregation in children which poses a threat to younger children from older children and the staff was observed to be using the same rooms and sleeping in the same rooms as the children. The staff did have a separate residence from the children and this inter-mingling of children with the staff was observed to be violation of the provisions of JJ Act, 2015 and JJ Rules, 2016 and made them susceptible to abuse. There was one office room which was used as a record room and a visitor room as well. The CCI had no dining hall and no vocational training room. This CCI was lacking in basic infrastructure as per the prescribed norms and the condition of the children living in these Homes was observed to be not suitable for healthy development of children. b. Infrastructural Safety- At the time of inspection, this CCI did not have boundary wall/fencing. Further, it was observed that the children were studying in the dormitories. The children were also not given individual beds and were given unhygienic mattresses which were not cleaned properly. It was observed that this CCI did not provide the individual age and season appropriate clothes as per norms. They further affirmed that seasonally appropriate individual mats and sleeping materials were not being provided to all children. The rooms were also observed to be not clean 114

and the sleeping material was not cleaned and sanitized properly which posed a serious health hazard especially in COVID time. c. Staff- This CCI reported that there is no office in-charge, no child Welfare Officer, only 3 house mothers are there, no counsellor, no driver, no helper, no Para medical staff, no medical officer. iii. Auxilium Rainbow Home- a. The home is run in the Government School premises without safety measures. During the night, the classrooms are used as dormitories. The suggested norms in Rule 29 (1) (iv) and 29 (6) JJ Rules 2016 are not complied with. Fire extinguishers in kitchen, recreation room, dormitories, store room, counselling room, sick room, sufficient bath rooms, bedding and other necessary requisite infrastructure was not found at the time of inspection. Other logistical and functional equipment’s are utilised for official purpose only. b. Lack of basic necessities such as clothing, bedding, Toiletries and other Articles as per Rule 30 of JJ Rules, 2016, sanitation and hygiene as per Rule 31, Nutrition and Diet Scale (Rule 33) not provided. There are no beds at all in the children home, there are separate mattresses for all kids, the smaller ones till the age of 12 sleep in the study hall/educational hall inside the children home, the other children on 12-17 sleep in a room inside the school, while every night carrying their mattress till 2nd floor. Further, the staff and the children are using the same facilities and the staff is residing in the same premises as the children which makes the children prone to abuse and harassment. c. Child Care Facilities- As specified in the Rule 38 of the JJ Rules, 2016, this child care institution did not have sufficient space for outdoor sports and games. The activities conducted were not properly supervised by the staff to minimize the risk of injury to children. Further, the CCI at the time of admission of the child in the CCI did not obtain the consent letter from the parent/guardian, children were living without orders of CWC, necessary documents such as Adhaar, previous education records of child, immunization details, details of siblings, ration card, birth certificate of child, residential address, contact details, death certificate of parent and so on are not obtained. Further, if the children are going home for festivals/holidays, no record- keeping is done for the same.

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iv. Need Based India- Sneh Ghar- At the time of inspection, no separate facilities were observed to be available for children from staff and management. The staff was found to be sleeping with children in their dormitory and used the same bathrooms and washrooms designated for the children. It was observed that the rooms and dormitories were not free of unstable heavy equipment, furniture, or other items that children could pull down on themselves. The condition of ceilings and floorings was observed to be in deplorable condition, which could increase the possibility of any accident. The activities conducted were not properly supervised by the staff to minimize the risk of injury to children. During the inspection, it was found that the home is run in the government school premises without any safety measures. During night the classrooms are used as dormitories and individual beds were not being provided to children and the children were given mattresses to sleep on the floor. Due to unavailability of space, few children were forced to sleep in office room of the children home.

v. Bosco Rainbow Home- At the time of inspection, crucial infrastructure was found to be inadequate against the specified norms:

(i) Dormitories- dormitories were not as per the prescribed norms and dorms were not properly maintained, rooms were damp and smelly and not cleaned. Further, the roof of the dormitory was covered with tin-shed. The condition of the children living the CCI was found to be deplorable, the children were found to be living under tin sheds and no proper hygiene and sanitation was maintained.

(ii) There were two (2) toilets which were inadequate and not as per prescribed norms

(iii) There were five (5) bathrooms not as per prescribed norms. It was further noted that the staff of the said home uses the same toilet and bathrooms used by the children. It was further noted by the Commission that Doors of toilet and bathing areas were broken posing serious threat to the safety and security of children living the said home.There was no proper sick room and no counselling room for children and no recreational facilities like- sports material or indoor games were made available for children in the home. Kitchen was not properly maintained in the home. Also, the condition of ceilings and floorings was observed not to be in a good condition.

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(iv) During the inspection, it was found that 55 children were housed in one (1) dormitory where individual beds (bunk beds) were being provided to children. Further, the children were not segregated on the basis of their age group which makes the younger children susceptible to abuse and harassment by the older children. Beds were in bad condition and not properly fumigated and cleaned.

(v) The Commission observed that the sleeping material was not cleaned/sanitized regularly or before reuse as needed and Old articles like clothes, bed sheets, mats, bedding, etc. if donated, were not cleaned/ disinfected before use.

The Commission was saddened by seeing the deplorable condition of the children staying in these Homes, who were not being given even the basic facilities which are required for the welfare of children. Further, these CCIs were not following the prescribed norms of safety and institutional management as given in JJ Act, 2015 and its Rules, 2016. The staff of the CCI was staying in the same room as the children and using the same bathroom facilities as the children, which made the children susceptible to abuse and harassment. Another important aspect which ensures the well-being of children in the CCI ie. the segregation of child according to age groups was not being followed in the CCI. The younger children are impressionable and susceptible to abuse by older children, this could also severely affect the mental health and development of younger children living in the CCI.

IV. Proof of restored children not found- Section 40 of the JJ Act, 2015 provides that restoration and protection of a child shall be the prime objective of any Children’s Home. The Children’s Home shall take such steps as are considered necessary for the restoration and protection of a child deprived of his family environment temporarily or permanently where such child is under their care and protection. Section 40(3) of the JJ Act, 2015 specifically provides that the CWC shall have the powers to restore any child in need of care and protection to his parents, guardian or fit person, as the case may be, after determining the suitability of the parents or guardian or fit person to take care of the child, and give them suitable directions. Therefore, as per the Act, it is only after the valid orders of CWC are given for the restoration of the child, can the child be restored to its parents/guardian etc.

i. Need Based India Rainbow Home- At the time of inspection, it was reported that 20 children had been restored back to their families. However, the restoration of children 117

from the Home to their guardians/families was done without the orders of Child Welfare Committee. The due process for restoring the child as given under Section 40(3) of the Juvenile Justice Act, 2015 was not followed. Therefore, while ensuring the best interest of child and to maintain records for being aware of the whereabouts of the child and the people the child is restored to, it is necessary that record maintenance by the CCI is done and the child is restored, only if the Committee deems it fit to do so. The due process of restoration being not followed by the CCI, makes it necessary to locate the whereabouts of these children and ensure their safety and well-being.

ii. RFI Rainbow Home- The records in the home about the information of children were not properly kept. It was observed at the time of inspection that the number of children admitted in the Home during a particular year and the number of children at the end of year did not match. It was difficult to determine the present status of those children who were not matching with the number of admissions. The CCI reported that few children had been restored through the orders of CWC and few had been restored without the orders of CWC. The CCI could not provide the exact number of children restored at the time of inspection. This serious discrepancy in the record keeping raises many questions about the status of children who were admitted to the Home and their well-being. iii. Auxilium Rainbow Home- At the time of inspection, it was observed that the children living in these Homes had been restored but the due process for restoration was not followed. There were no documentary proofs found for the children who were restored and it was difficult for the team to know the current status of the children who had been restored by the Home. There were no Child Welfare Committee orders found for restoration of the children. Therefore, the children of the CCI were restored in contravention of Section 40(3) of the Juvenile Justice Act, 2015 and were in violation of the provisions of the JJ Act, 2015.

iv. Need Based India- Sneh Ghar- At the time of inspection, it was reported that children had been restored without the orders of CWC, no linkages were reported to established with CWC by the CCI for rehabilitation and restoration. There were no documentary proofs found for the children who had been restored back and no identification of individuals to whom the child has been restored was kept. The CCI was not maintaining 118

proper records of children who were restored, and it was difficult to determine the number of children that had been restored back in a particular year. The CCI was found to be in violation of Section 40(3) of the JJ Act, 2015.

v. Bosco Rainbow Home- At the time of inspection, the team was made aware that children had been restored to their families by the Home but no documentary proof of restoration, no whereabouts of the family/guardian (to whom the children had been restored) and Child Welfare Committee orders for restoration were provided to the team. The CCI was found to be in violation of Section 40(3) of the JJ Act, 2015.

In all the Homes inspected by the Commission, it was seen that no child had been restored in consonance with the provisions of JJ Act, 2015 and its Rules, 2016. There were no proper records maintained for the children who had been restored from the CCI and the children had been restored without the orders of Child Welfare Committee. The records of the people to whom the child had been restored to were also not being maintained so as to trace out the children restored. This serious discrepancy in following the procedure prescribed by the JJ Act, 2015 and Rule 77 of the JJ Rules, 2016, is illegal and a gross irregularity which jeopardizes the safety and security of the children. In this case, where the CCI has not maintained proper records of restored children, it is necessary to initiate an inquiry into the whereabouts of these children and ensure the welfare and well-being of these children. The Commission is apprehensive about the status of the children presently, as these children could have been given away for monetary gains or for purposes of trafficking, prostitution, begging, labour etc., thereby prima facie committing offence under the Juvenile Justice Act, 2015 and Indian Penal Code. An immediate FIR and appropriate criminal action must be taken against the staff of the CCIs/management of the CCIs under the provisions of JJ Act, 2015, Indian Penal Code, 1860, Immoral Trafficking Prevention Act and any other relevant provisions of law for restoring children without the orders of CWC and to jeopardize the safety and security of these children by giving them away. The investigation must trace the whereabouts of these children and inquire into the circumstances and reasons for restoring the children without the orders of CWC. Where these children have been given away for monetary gains and for purposes of trafficking, prostitution, begging etc., FIR must be registered, and action must be taken under the relevant penal provisions of law.

V. Inspection by authorities-

under this Act for such period and for such purposes, as may be prescribed. Such inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated, at least once in three months in a team. Section 40(9) of JJ Act, 2015 the inspection committee appointed under section 54, shall also have the powers to inspect any institution housing children, even if not registered under this Act to determine whether such institution is housing children in need of care and protection. Section 30(viii) of the JJ Act, 2015 provides that CWC must conduct at least two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement in quality of services to the District Child Protection Unit and the State Government.

i. Need Based India Rainbow Home- The team of the Commission was informed that inspections by Child Welfare Committee and Department of WCD (State Government) had been conducted. While the feedback report of CWC was positive, the report of DCPO was in Kannada, so it was difficult for the inspection team to determine the report given by DCPO for the CCI.

ii. RFI Rainbow Home- At the time of inspection, it was informed that inspection by Child Welfare Committee had not been conducted for this Home and information about inspections conducted by any other appropriate authority was also not provided to the team. The Commission observed that the CCI failed to report the inspections conducted by the authority of this CCI and no documents pertaining to the inspection in the records file and visitors’ book were also found.

iii. Auxilium Rainbow Home- The CCI reported to the team that none of the authorities such as Child Welfare Committee, Department of WCD, State Inspection Committees had inspected the CCI.

iv. Need Based India- Sneh Ghar- This CCI has been inspected by the Child Welfare Committee, however, the feedback received from the Committee was not positive. None of the other authorities including State Inspection Committee had inspected the Home.

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v. Bosco Rainbow Home- This Home had only been found to be inspected by the Child Welfare Committee and the State Inspection Committee and Department of WCD has not inspected the Home.

The team of the Commission observed that none of these CCIs inspected had been inspected by any of the authorities as mandated under the JJ Act, 2015. However, the Commission observed that these Homes were running in Government owned buildings and the Auxilium Rainbow Home, in addition to receiving funds from its parent organization was also receiving grants from Department of Education (State Government). Therefore, the Commission observed it to be a gross irregularity on the part of the Department of WCD (State Government) and the SCPS for not conducting regularized inspections of these CCIs as mandated under JJ Act, 2015 and not taking any action against the managements of these CCIs for not following the norms and procedures laid down under the JJ Act, 2015 and JJ Model Rules, 2016. The Commission observed that there are serious discrepancies in the management and upkeep of the institutions and the children are being kept without following the due procedure and norms laid down under the JJ Act, 2015 and its Rules, 2016.

Further, the Commission would also highlight, that while inquiring into the violations of these CCIs, the Commission was made aware that the BOSCO NGO, which is running its CCIs in the State of Karnataka (also operating and managing the BOSCO Rainbow Home) is also a part of the State Child Protection Society of Karnataka under the ICPS. The Commission observes that the BOSCO, NGO itself being a part of SCPS creates a conflict of interest as the NGO is operating and managing child care institutions in the State and is also involved in the implementation of the provisions of the Act. The Commission observed that all the 03 CCIs (Need Based India Rainbow Home, RFI Rainbow Home, Need Based India- Sneh Ghar) being run under the Rainbow Home Project were given provisional registration just prior to the inspection of the Commission. These provisional registrations granted to the CCIs were observed to be given without following due diligence as the Commission had found many violations in these CCIs at the time of inspection, including non- production of children before CWC, restoration of children without CWC orders, lack of physical infrastructure, housing children without valid registration etc. However, the Commission observed that despite these violations and irregularities found in the CCIs, no action had been taken by the State Departments against these CCIs which indicates towards abuse of power and criminal conspiracy by the officers of the SCPS, where they have tried to conceal and allowed these CCIs to continue to house children, even though, these CCIs have failed to follow the procedures, norms and standards laid down under the Juvenile Justice Act, 2015 and its Rules, 2016. These serious violations 121

observed by the Commission in the CCIs have posed a threat to the safety and welfare of children living in the CCIs.

Therefore, the Commission is apprehensive that where such NGOs are involved in implementation of the provisions of the Act, the same may coincide with their work and duties of managing a Child Care Institution and they may be at an undue advantage by being a part of SCPS which could lead to abuse of power by them, as has happened in the case of these CCIs.

VI. Recommendations- In view of the observations made above by the inspection team for these CCIs, the following recommendations and actions to be taken for the welfare of children residing in these CCIs are made-

1. Department of Women and Child Welfare, Government of Karnataka- a. It is recommended that the Department of WCD and Department of Education, may look into the issue lack of infrastructure of these CCIs and accordingly, take appropriate action against these CCIs. b. The Department of WCD must also hold inquiry against those officials who have granted provisional certificate to these CCIs when the CCIs are in violation of provisions of JJ Act, 2015 (non-production of children before CWC, lack of appropriate child care facilities, deplorable conditions of children like staying under tin sheds, lack of adequate staff etc.) and the norms of standards of care given under the JJ Rules, 2016. c. It is recommended that Department of WCD must inquire into and initiate action against the State Inspection Committee for failing to conduct inspections in these Homes and violating its mandatory function as provided under the JJ Act, 2015. d. It is recommended to take action against these Homes under the appropriate provisions of law for non-production of children before CWC and keeping them in the Home without the orders of CWC. e. The Commission recommends that all the children from these CCIs must be produced before the CWC under Section 31 of the JJ Act, 2015, so that necessary orders can be passed for them and the CWC should restore the child back to its family, in cases where the child is having family support. Where the 122

family is unable to support the child because of financial causes, the CWC may order for sponsorship support and other financial support from Government implemented schemes, where the child and the family are entitled. f. The Department of WCD must identify children living in these CCIs who are abandoned/claim to be orphan without family support and produce them before CWC for further orders. If such children are found to be residing in the CCIs and have not been produced before the CWC, then an investigation under Section 34 of the JJ Act, 2015 must be initiated against the staff of the CCI for violating provisions of Section 32 of the JJ Act, 2015. g. It is recommended that the children who have been restored from the CCIs must be traced and their well-being must be ensured. Appropriate action against the CCIs must be taken for not adhering to the provisions of restoration under the JJ Act, 2015 and restoring the children without the orders of CWC. h. The CCIs which have been given provisional registration under the JJ Act, 2015 presently, must not be granted registration under the JJ Act, 2015 to ensure the well-being and safety of children. These CCIs are in gross violation of the provisions of the JJ Act, 2015 and have not adhered to norms and procedure laid down under the Act for protection of child rights, therefore, must not be allowed to operate and house children any further. i. It is recommended that the issue of BOSCO NGO being a part of SCPS must be looked into, as the Commission has found many violations and irregularities in the CCI of BOSCO NGO and the norms and standards as given the JJ Act, 2015 are not being followed in the CCI. The Commission has also found that the 03 CCIs (Need Based India Rainbow Home, RFI Rainbow Home, Need Based India- Sneh Ghar) were given provisional registrations without following due diligence which indicates towards abuse of power and criminal conspiracy and therefore, the department must reconstitute the SCPS and take appropriate disciplinary action against the officials of ICPS for allowing these CCIs to operate and house children, despite many violations of JJ Act, 2015 and its Rules, 2016.

2. Department of Primary and Secondary Education, Government of Karnataka- The Commission had found during the inspection that all these CCIs were running in Government school buildings and were not having a building of its own. The Commission observed that these 123

CCIs were operating in Government buildings without any valid registration for housing children in the institution which was a violation of the provisions of the JJ Act, 2015. In one of the CCIs (Auxilium Rainbow Home) it was also reported that grants are being received by the CCI (approximately Rs.3,00,000/-) for provision of food, water etc. from the Department of Education. a. The Commission recommends initiation of an inquiry by the Department of WCD/Education, against those officials who had failed to take action against these CCIs for housing children in the Government school building for purposes other than sanctioned for. An inquiry must be initiated against these CCIs for violations of provisions of JJ Act, 2015 and for using Government owned building for housing children illegally. b. The Commission also recommends the department to initiate disciplinary inquiry against those officials who did not take action for violations being committed by these CCIs and were giving the Government grants to these CCIs for operating school for children. c. These CCIs are in violation of norms laid down by the Right to Education Act, 2005 and were operating a child care home in the premises of a school. This violation of RTE Act is a serious violation and is liable for punishment under the relevant provisions. Therefore, the Commission recommends that the department must look into the violations of RTE Act, 2005 being committed by these CCIs and take necessary and appropriate action.

3. Karnataka Police- Keeping in view the observations of the inspection team, it is seen that the CCIs have not complied with the mandatory registration procedure under Section 41 of JJ Act, 2015 and had not followed the due procedure for restoration of child from the CCI which is to be followed as per JJ Act, 2015. In view of the same the following is recommended- a. The inspection team has observed that 01 child care institution was not registered under Section 41 of JJ Act, 2015 and the other 03 CCIs, were having provisional registrations under the JJ Act, 2015. The CCIs which had recently obtained the provisional registration under JJ Act, 2015, were observed to be operating and housing children even prior to obtaining the provisional registration under the JJ Act, 2015. Therefore, a prima facie offence under Section 42 of JJ Act, 2015 is made out and an FIR should be registered against these CCIs (Need Based India 124

Rainbow Home, RFI Rainbow Home, Auxilium Rainbow Home, Need Based India- Sneh Ghar) for running child care institutions without a valid registration. b. An investigation into tracing the whereabouts of the children must be initiated who have been restored by the staff of the CCIs and FIR must be registered against the staff of CCI/management of CCI under the provisions of Juvenile Justice Act, 2015, Indian Penal Code, Immoral Trafficking Prevention Act and any other relevant provision. If in case, offence under Section 81 of JJ Act, 2015 or any other provisions of law is made out, then an FIR must be registered under the said provision and investigation must be undertaken against the offenders. Also, the Commission recommends investigation under the violation of Section 491 of Indian Penal Code, for not providing the facilities and utilities as the institutions are duty bound to do so and register a complaint against the staff and management of the CCIs for the same.

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National Commission for Protection of Child Rights Janpath, New Delhi

Subject- “Inspection report of NCPCR conducted for 03 Children Homes situated in Chennai, Tamil Nadu” Background- National Commission for Protection of Child Rights (NCPCR) under section 13(1) (j) of CPCR Act, 2005 had taken cognizance on a complaint received against Ummeed Aman Home for Girls and Khushi Rainbow Home for Girls in South Delhi running under Centre for Equity Studies for violations of Juvenile Justice (Care and Protection of Children) Act, 2015. In this regard, NCPCR inspected the said two Homes in October, 2020 and found many violations of the Juvenile Justice Act, 2015 & its Rules, 2016 and various other irregularities which resulted in deprivation and violation of rights of children.

2. Due to the serious nature of violations and irregularities found by NCPCR in these Homes, the Commission decided to inspect all the children homes run/funded/managed by Centre for Equity Studies and associated organizations (those who had been funding the above-mentioned two children homes of South Delhi) across the country. Further, the Commission also during its inquiry of the two children homes in Delhi was made aware about the funding being received by these Homes from ARUN and Rainbow Foundation India as well. Keeping in view of the serious discrepancies and violations observed by the Commission in the two Homes in Delhi, the Commission deemed it appropriate under its functions assigned in Section 13 of the CPCR Act, 2005 to inspect the Child Care Institutions being run by these two orgainizations as well. Accordingly, Chairperson, NCPCR and Members of NCPCR inspected 03 children homes in Chennai which are being run by ARUN and Rainbow Foundation India.

3. The following children homes were inspected by the teams of NCPCR in Chennai-

i. Rainbow Nest Boys Home, Chennai Middle School, Chetpet, Chennai, Tamil Nadu-600031 (Directly run by Rainbow Foundation of India) ii. Rainbow Home, Chennai Middle School, Chetpet, Tamil Nadu-600031 (Jointly run by ARUN and Rainbow Foundation of India) iii. Rainbow Home. Chennai Middle School, Kosapet, Purasawalkam, Chennai, Tamil Nadu-600007. (Jointly run by ARUN and Rainbow Foundation of India)

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4. The team during the inspection has made the following observations-

I. Legal Status and Capacity-

i. Rainbow Home for Boys, Chetpet- “Rainbow Nest Homes” for Boys is running as a Children Home in Chetpet, Chennai, Tamil Nadu. The said Home, at the time of inspection was found to be not registered under the Juvenile Justice Act, 2015. The Commission observed this institution to be running without proper registration which is in contravention of Juvenile Justice Act, 2015 and Juvenile Justice Model Rules 2016. The said CCI does not have a building of its own and houses only boys.

ii. Rainbow Home for Girls, Chetpet- This CCI does not have a building of its own. This CCI houses only girls. At the time of inspection, this CCI was found to be registered under the Juvenile Justice Act, 2015.

iii. Rainbow Home for Girls, Kosapet- Association for Rural and Urban Needy Children Home for Girls is running as a Children Home in Chennai district of Tamil Nadu. This CCI is being run by a Non-Government Organization. This CCI does not have a building of its own. The CCI runs in a Government School building. This CCI houses only girls. At the time of inspection, this CCI was found to be registered under the Juvenile Justice Act, 2015. 127

Out of the 03 CCIs inspected in Chennai, 01 CCI was found to be running without a valid registration which is in contravention of Section 41 of the Juvenile Justice Act, 2015. Therefore, it is observed by the Commission that ARUN Home for Boys, Chetpet was in violation of Section 41 of the JJ Act, 2015 for housing children without valid registration and liable to punishment under Section 42 of the JJ Act, 2015.

II. Non-production of children before CWC-

Section 31 of the Juvenile Justice Act, 2015 provides that any child in need of care and protection may be produced before the Child Welfare Committee so that necessary orders in the best interest of that child may be passed by the CWC. Further, Section 32 of the JJ Act, 2015 provides for mandatory reporting of child found to be separated from a guardian meaning that any child found to be lost or abandoned or appears to be orphan shall be reported to CWC or ChildLine services or District Child Protection Unit or nearest police station or to a child care institution and then produced before the Child Welfare Committee. Section 33 of the Act provides that in case information regarding a child as required under Section 32 is not given within the stipulated time, then the same shall be regarded as an offence and in case a person commits an offence under Section 33 (fails to report a child) then Section 34 of JJ Act, 2015 provides that such person shall be liable to imprisonment up to six months or fine of ten thousand rupees or both. The detailed process for production of child before the Child Welfare Committee has been given under Rule 18 of the JJ (Model) Rules, 2016.

i. Rainbow Home for Boys, Chetpet- At the time of inspection, out of 56 children living in the Home, 15 children were found to be living with the orders of the Child Welfare Committee, that is that these 15 children staying in the CCI had not been produced before the CWC. This CCI was observed to be in violation of Section 31 of the JJ Act, 2015 and Rule 18 of the JJ Rules, 2016. It is necessary that every child, who is found or reported to be orphan or abandoned or any child is in need of care and protection must be produced before the CWC within 24 hours and if the same is not being followed and the children are being housed in the CCI without being produced before the CWC or without the orders of CWC, then the same is a gross irregularity and a serious violation, for which necessary action needs to be taken. 128

III. Physical Infrastructure and Child Care Facilities- The provisions of JJ Act, 2015 and JJ (Model) Rules, 2016 prescribes certain minimum standards of care and parameters for infrastructure of the CCI. The CCIs housing children must adhere to these parameters and prescribed standards as provided under the JJ (Model) Rules, 2016 for the welfare and best interest of children living in such CCIs.

i. Rainbow Home for Boys, Chetpet- a. Management Committee & Children Committee- Rule 39 of the JJ Rules, 2016 specifies that every child care institution shall have a Management Committee for the management of the institution and monitoring the progress of every child. The Rule 39 further specifies that the Management Committee shall meet at least once every month. Rule 40 of the JJ Rules, 2016 specifies that Person- in-charge of every child care institution shall facilitate setting up of Children Committees for different age groups of children and the Person-in-charge shall ensure that these Children Committees meet every month. At the time of our inspection, it was informed by the staff that the Management Committee and Children Committee has been formed but to substantiate the statement of the staff of the CCI, the inspection team found no records/documents confirming that a Management Committee in the CCI has been formed.

b. Staff- Rule 26 of the JJ Rules, 2016 suggests a staffing pattern for a child care institution with a capacity of 100 children. The Rule further specifies that the number of posts in each category of staff shall increase or decrease with the change in the capacity of the institution. At the time of inspection, the CCI was found to be not having adequate staff and these crucial positions- Child Welfare Officer, Counsellor; House Mother/House Father; Cook; Medical Officer; Para medical Staff; Driver; Cook; Helper; House Keeping; Gardner, were found to be either vacant or less than the prescribed norms.

c. Physical Infrastructure- Rule 29 of the JJ Rules, 2016 gives suggested norms for building or accommodation in each institution with 50 children. At the time of 129

inspection the following physical infrastructure was found to be inadequate and not as per prescribed norms- i. Dormitories were not properly maintained. ii. There were no separate toilets in the CCI for the children and the staff was using the same facilities as the children. iii. There was no counselling room for children and no recreational facilities like- sports material or indoor games. iv. Terrace was not properly fenced. This posed a serious threat to the safety of children. Also, the condition of ceilings and floorings was observed not to be in adequate condition. v. The rooms were not fumigated and rooms were not properly ventilated and lighted. vi. No activities were being conducted for children, even though the CCI had sufficient space for outdoor games and sports. vii. Children were provided with floor mats and children were sleeping on the floor along with the warden/ brother. During interaction with children, it was found that said facility did not have adequate mosquito nets and fans were not functional. viii. It was reported by the children to the inspecting team that older children reportedly take bath in the concrete bathrooms built on the terrace. However, out of 5 bathrooms, in each bathroom minimum 2 children take bath at a time. Also, as reported by the children, mostly the younger children reportedly take bath in open area where 5 taps are fixed for washing clothes. d. Child Protection Policy- Rule 76 of the JJ Rules, 2016 specifies that every institution shall evolve a system of ensuring that there is no abuse, neglect and maltreatment of children. Further, this system shall be strictly adhered to by all the staff members. At the time of inspection, it was found that the home had not developed a child protection policy. Also, the CCI had not instituted the following mechanisms for prevention and protection of children from abuse: Suggestion Box, 1098 Childline, emergency numbers. e. Education- Rule 36 of the JJ Rules, 2016 specifies that every child care institution shall provide education to all children according to their age and ability, both inside the 130

institution or outside, as per requirement. It was reported that all the children residing in the said CCI go to school situated in the same building, which is on the ground floor. However, requisite documents related to education of children and their age appropriateness of class were not maintained and neither any separate register containing educational status was provided to the inspecting team for examination. It was further informed that children were undergoing bridge courses but documents could not be furnished to the inspection team.

f. Registers and Maintenance of Case Files- At the time of inspection, it was observed that none of the registers and records were maintained properly in the CCI. The number of children admitted during a particular year in the CCI did not match with the children present at the end of the year. Reports of all cases of admission, restoration, transfer, adoption, death & leave without permission of children from the institution were not being sent to the Competent Authority, State Government, DCPU, as the case may be. There were no Individual Child Care Plans of the children living in the CCI found by the inspection team and Case History of each child was not maintained. ii. Rainbow Home for Girls, Chetpet-

a. Staff- Rule 26 of the JJ Rules, 2016 suggests a staffing pattern for a child care institution with a capacity of 100 children. The Rule further specifies that the number of posts in each category of staff shall increase or decrease with the change in the capacity of the institution. At the time of inspection, the CCI was found to be not having adequate staff and these crucial positions were found to be either vacant or less than the prescribed norms -Rehabilitation cum placement officer; Driver; Gardener; Medical Officer. b. Physical Infrastructure- Rule 29 of the Juvenile Justice Rules, 2016 gives suggested norms for building or accommodation in each institution with 50 children. At the time of inspection the following physical infrastructure was found to be inadequate and not as per prescribed norms- i. There were same dormitories/residence in the CCI for the children and the staff. The staff did not have a separate residence and were using the same dorms as for children. ii. The building of the CCI was old and not properly maintained. During rainy season, the building had issues. 131

iii. There are no demarcated areas/guidelines regarding access of visitors in children dormitories/toilets. iv. Safe and purified drinking water facilities are not available. v. Children are provided with sleeping mats and have to sleep on the floor. There are no separate beds provided for children. vi. The rooms were not fumigated and rooms were not properly ventilated and lighted.

iii. Rainbow Home for Girls, Kosapet-

a. Children Committee- Rule 40 of the Juvenile Justice Rules, 2016 specifies that Person-in-charge of every child care institution shall facilitate setting up of Children Committees for different age groups of children and the Person-in- charge shall ensure that these Children Committees meet every month. At the time of our inspection, it was found that no children committees had been formed. b. Staff- Rule 26 of the Juvenile Justice Rules, 2016 suggests a staffing pattern for a child care institution with a capacity of 100 children. The Rule further specifies that the number of posts in each category of staff shall increase or decrease with the change in the capacity of the institution. At the time of inspection, the CCI was found to be not having adequate staff and these crucial positions were found to be either vacant or less than the prescribed norms- Medical Officer; Driver; Cook; House keeping staff. c. Physical Infrastructure- Rule 29 of the JJ Rules, 2016 gives suggested norms for building or accommodation in each institution with 50 children. At the time of inspection the following physical infrastructure was found to be inadequate and not as per prescribed norms- i. There were same dormitories/residence in the CCI for the children and the staff. The staff did not have a separate residence and were using the same dorms as for children. ii. Superintendent/Manager stays with the children in their dormitories itself. iii. Dining Hall was not available. Children ate their meals in the corridors. 132

iv. Out of the 06 bathrooms in the CCI, only 02 bathrooms were functional. Small children were made to take bath in open areas which was observed to not appropriate for the mental and social development of children. v. It was observed that the premises and the infrastructure in the CCI should be made more child friendly and it was observed that more safety measures were needed as rooms had unused furniture, broken racks and shelves. vi. No proper drainage and garbage disposal facilities were found. At the entry gate garbage was found. vii. There was no space for children to play outdoor. viii. Children are provided with sleeping mats and have to sleep on the floor. There are no separate beds provided for children.

The Commission was saddened by seeing the deplorable condition of the children staying in these Homes, who were not being given even the basic facilities which are required for the welfare of children. Further, these CCIs were not following the prescribed norms of safety and institutional management as given in JJ Act, 2015 and its Rules, 2016. The staff of the CCI was staying in the same room as the children and using the same bathroom facilities as the children, which made the children susceptible to abuse and harassment. Another important aspect which ensures the well-being of children in the CCI is the availability of proper living facilities such as bathrooms, beds, dining hall etc. were found to be not present in these CCIs. The children were given floor mats and were made to sleep on the floor and with regard to the dining facilities which ought to be provided to these children as per the prescribed norms were not there and the children were made to eat by sitting on the floor in the corridors. The condition of children living in these CCIs was observed to be not adequate for the mental, social and healthy development of children.

IV. Proof of restored children not found- Section 40 of the JJ Act, 2015 provides that restoration and protection of a child shall be the prime objective of any Children’s Home. The Children Home shall take such steps as are considered necessary for the restoration and protection of a child deprived of his family environment temporarily or permanently where such child is under their care and protection. Section 40(3) of the JJ Act, 2015 specifically provides that the CWC shall have the powers to restore any child in need of care and protection to his parents, guardian or fit person, as the case may be, after determining the suitability of the parents or guardian or fit person to take 133

care of the child, and give them suitable directions. Therefore, as per the Act, it is only after the valid orders of CWC are given for the restoration of the child, can the child be restored to its parents/guardian etc.

i. Rainbow Home for Boys, Chetpet- It was reported that children had been restored back to their families. However, the restoration of children from the Home to their guardians/families was done without the orders of Child Welfare Committee. The due process for restoring the child as given under Section 40(3) of the Juvenile Justice Act, 2015 was not followed. Therefore, while ensuring the best interest of child and to maintain records for being aware of the whereabouts of the child and the people the child is restored to, it is necessary that record maintenance by the CCI is done and the child is restored, only if the Committee deems it fit to do so. The due process of restoration being not followed by the CCI, makes it necessary to locate the whereabouts of these children and ensure their safety and well-being.

ii. Rainbow Home for Girls, Kosapet- It was reported that children had been restored back to their families. However, the restoration of children from the Home to their guardians/families was done without the orders of Child Welfare Committee. No documentary proof or record of parents/guardians were kept by the CCI to whom the children had been restored to.

Out of the 03 CCIs visited by the Commission in 02 CCIs (as mentioned above) it was seen that children had not been restored in consonance with the provisions of Juvenile Justice Act, 2015 and its Rules, 2016. There were no proper records maintained for the children who had been restored from the CCI and the children had been restored without the orders of Child Welfare Committee. The records of the people to whom the child had been restored to were also not being maintained so as to trace out the children restored. This serious discrepancy in following the procedure prescribed by the Juvenile Justice Act, 2015 and Rule 77 of the Juvenile Justice Rules, 2016, is illegal and a gross irregularity which jeopardizes the safety and security of the children. In this case, where the CCI has not maintained proper records of restored children, it is necessary to initiate an inquiry into the whereabouts of these children and ensure the welfare and well-being of these children. An immediate FIR and appropriate criminal action must be taken against the staff of the CCIs/management of the CCIs under the 134

provisions of Juvenile Justice Act, 2015, Indian Penal Code, 1860, Immoral Trafficking Prevention Act and any other relevant provisions of law for restoring children without the orders of CWC and to jeopardize the safety and security of these children by giving them away and an investigation must be initiated to trace the whereabouts of these children and inquire into the circumstances and reasons for restoring the children without the orders of CWC. Where these children have been given away for monetary gains and for purposes of trafficking, prostitution, begging etc., FIR must be registered, and action must be taken under the relevant penal provisions of law.

V. Inspection by authorities-

Section 54 of the JJ Act, 2015 provides that State Government shall appoint inspection committees for the State and district, as the case may be, for all institutions registered or recognised to be fit under this Act for such period and for such purposes, as may be prescribed. Such inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated, at least once in three months in a team. Section 40(9) of JJ Act, 2015 the inspection committee appointed under section 54, shall also have the powers to inspect any institution housing children, even if not registered under this Act to determine whether such institution is housing children in need of care and protection. Section 30(viii) of the JJ Act, 2015 provides that CWC must conduct at least two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement in quality of services to the District Child Protection Unit and the State Government.

i. Rainbow Home for Boys, Chetpet- The institution staff reported that no inspection had been made by the Child Welfare Committee and the Inspection Committee constituted by State Government. ii. Rainbow Home for Girls, Kosapet- At the time of inspection, it was reported that inspection by the Child Welfare Committee had been conducted for this CCI and the CWC had given feedback to improving the condition of the CCI. However, it was observed that the Inspection Committee of the State Government had not inspected the CCI.

The inspecting team observed that these CCIs had not been inspected in a proper and regularized manner, as mandated under the Juvenile Justice Act, 2015. Further, the Commission also observed that these CCIs were running in Government owned buildings and 135

the Rainbow Home for Girls, Chetpet, in addition to receiving funds from its parent organization was also receiving grants from Department of Education (State Government) under the SSA programme. Therefore, the Commission observed it to be a gross irregularity on the part of the Department of WCD (State Government) for not conducting regularized inspections of these CCIs as mandated under Juvenile Justice Act, 2015 and not taking any action against the managements of these CCIs for not following the norms and procedures laid down under the Juvenile Justice Act, 2015 and Juvenile Justice Model Rules, 2016. The Commission observed that there are serious discrepancies in the management and upkeep of the institutions and the children are being kept without following the due procedure and norms laid down under the Juvenile Justice Act, 2015 and its Rules, 2016.

1. Department of Social Welfare, Government of Tamil Nadu- i. It is recommended that the Department of Social Welfare and Department of Education, may look into the issues of lack of infrastructure, child care facilities, education etc. of these CCIs and accordingly, take appropriate action against these CCIs. ii. It is recommended that Department of Social Welfare must inquire into and initiate action against the State Inspection Committee for failing to conduct inspections in the 02 CCIs (Rainbow Home for Boys, Chetpet and Rainbow Home for girls, Kosapet) and violating its mandatory function as provided under the Juvenile Justice Act, 2015. iii. It is recommended to take action against these CCIs under the appropriate provisions of law for non-production of children before Child Welfare Committee and keeping them in the Home without the orders of Child Welfare Committee. iv. The Commission recommends that all the children from these CCIs must be produced before the Child Welfare Committee under Section 31 of the Juvenile Justice Act, 2015, so that necessary orders can be passed for them and the Child 136

Welfare Committee should restore the children back to its family, in cases where the child is having family support. Where the family is unable to support the child because of financial causes, the Child Welfare Committee may order for sponsorship support and other financial support from Government implemented schemes, where the child and the family are entitled. v. The Department of Social Welfare must identify children living in these CCIs who are abandoned/claim to be orphan without family support and produce them before Child Welfare Committee for further orders. If such children are found to be residing in the CCIs and have not been produced before the Child Welfare Committee, then an investigation under Section 34 of the Juvenile Justice Act, 2015 must be initiated against the staff of the CCI for violating provisions of Section 32 of the Juvenile Justice Act, 2015. vi. It is recommended that the children who have been restored from the CCIs must be traced and their well-being must be ensured. Appropriate action against the CCIs must be taken for not adhering to the provisions of restoration under the Juvenile Justice Act, 2015 and restoring the children without the orders of CWC. vii. The CCI (Rainbow Home for Boys, Chetpet) which is running without a valid registration under the Juvenile Justice Act, 2015 must not be allowed to operate and house children any further. The children from this institution must be immediately produced before the CWC and shifted to a suitable institution for them or restored back to their families/guardians wherever possible.

2. Department of School Education, Government of Tamil Nadu- The Commission had found during the inspection that all these CCIs were running in Government school buildings and were not having a building of its own. In one of the CCIs (Rainbow Home for Girls, Chetpet) it was also reported that grants are being received by the CCI from the Department of Education under the SSA programme. a. The Commission recommends initiation of an inquiry by the Department of WCD/Education, against those officials who had failed to take action against these CCIs for housing children in Government school building for purposes other than sanctioned for. An inquiry must be initiated against these CCIs for violations of provisions of Juvenile Justice Act, 2015 and for using Government 137

owned building for housing children illegally (in the unregistered CCI- Rainbow Home for Boys-Chetpet). b. The Commission also recommends the department to initiate disciplinary inquiry against those officials who did not take action for violations being committed by these CCIs and were giving the Government grants to Rainbow Home for Girls, Chetpet. The Commission observes that while the State Government was aware of the operation of these CCIs which were housing children illegally and still providing Government grants to them. c. These CCIs are in violation of norms laid down by the Right to Education Act, 2009 as well and were operating a child care home in the premises of a school. This violation of RTE Act is a serious violation and is liable for punishment under the relevant provisions. Therefore, the Commission recommends that the department must look inquire into the violations of RTE Act, 2009 being committed by these CCIs and take necessary and appropriate action.

3. Tamil Nadu Police- Keeping in view the observations of the inspection team, it is seen that the CCI (Rainbow Home for Boys) had not complied with the mandatory registration procedure under Section 41 of JJ Act, 2015 and the 02 CCIs (Rainbow Home for Boys, Chetpet and Rainbow Home for Girls, Kosapet) had not followed the due procedure for restoration of child from the CCI which is to be followed as per Juvenile Justice Act, 2015. In view of the same, the following is recommended- a. The inspection team has observed that 01 child care institution (Rainbow Home for Girls, Chetpet) was not registered under Section 41 of JJ Act, 2015 and was observed to be operating and housing children without a valid registration. Therefore, a prima facie offence under Section 42 of JJ Act, 2015 is made out and an FIR should be registered against this CCI for running child care institution without a valid registration. b. An investigation into tracing the whereabouts of the children must be initiated who have been restored by the staff of the CCIs and FIR must be registered against the staff of CCI/management of CCI under the provisions of Juvenile Justice Act, 2015, Indian Penal Code, Immoral Trafficking Prevention Act and any other relevant provision. If in case, offence under Section 81 of JJ Act, 2015 or any other provisions of law is made out, then an FIR must be 138

registered under the said provision and investigation must be undertaken against the offenders. c. Also, the Commission recommends investigation under the violation of Section 491 of Indian Penal Code, for not providing the facilities and utilities as the institutions are duty bound to do so and register a complaint against the staff and management of the CCIs for the same.

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National Commission for Protection of Child Rights Janpath, New Delhi

Subject- “Inspection report of NCPCR conducted for 05 Children Homes situated in Patna, Bihar” Background- National Commission for Protection of Child Rights (NCPCR) under section 13(1)(j) of CPCR Act, 2005 had taken cognizance on a complaint received against Ummeed Aman Home for Girls and Khushi Rainbow Home for Girls in South Delhi running under Centre for Equity Studies for violations of Juvenile Justice (Care and Protection of Children) Act, 2015. In this regard, NCPCR inspected the said two Homes in Delhi in October, 2020 and found many violations of the Juvenile Justice Act, 2015 & its Rules, 2016 and various other irregularities which were observed to be in deprivation and violation of rights of children.

2. Due to the serious nature of violations and irregularities found by NCPCR in these Homes, the Commission decided to inspect all the children homes run/funded/managed by Centre for Equity Studies and associated organizations (those who had been funding the above-mentioned two children homes of South Delhi) across the country. Further, the Commission also during its inquiry of the two children homes in Delhi was made aware about the funding being received by these Homes from ARUN and Rainbow Foundation India as well. Keeping in view of the serious discrepancies and violations observed by the Commission in the two Homes in Delhi, the Commission deemed it appropriate under its functions assigned in Section 13 of the CPCR Act, 2005 to inspect the Child Care Institutions being run by these two orgainizations as well. Accordingly, Chairperson, NCPCR and Members of NCPCR inspected 05 children homes in Patna which are being run by ARUN and Rainbow Foundation India.

3. The following children homes were inspected by the teams of NCPCR in Patna-

i. Vikasaarth Gharaunda Rainbow Home, Government Middle School, Anisabad, Patna. (Funded by ARUN) ii. Khilkhilahata Rainbow Home, Rajbansi Nagar, Patna. (Directly run and funded by ARUN) iii. Gyan Vigyan Rainbow Home, Cant Madhya Vidyalya, Danapur, Bihar (Funded by Rainbow Foundation India) iv. Umang Aman Sneh Ghar, Rajkiya Knit Madhya Vidhyalaya, Kumhrar, Patna. (Directly run and managed by Rainbow Foundation India) 140

v. Muskurahat Aman Sneh Ghar, Madhya Vidyalaya Amlatola, Patna. (Directly run and managed by Rainbow Foundation India)

4. The team during the inspection has made the following observations- I. Legal Status and Capacity- Section 41 of the JJ Act, 2015 provides for mandatory registration of all CCIs, it says that all institutions for housing children shall be registered under the Act. At the time of registration, the State Government shall determine and record the capacity and purpose of the institution and shall register the institution accordingly. A provisional registration shall be valid for maximum period of six months and after the Home is duly registered under the Act, it shall be registered for a period of five years and thereafter, subject to renewal in every five years. Section 42 of the JJ Act, 2015 specifically provides that any institution housing children without a valid registration shall be punished with imprisonment upto one year or a fine not less than one lakh rupees or both.

1. Vikasaarth Gharaunda Rainbow Home- The CCI at the time of inspection had not produced a valid registration under Section 41 of the Juvenile Justice Act, 2015. This institution was observed to be running without proper registration which is in contravention of Juvenile Justice Act, 2015 and Juvenile Justice Model Rules 2016. This CCI is housed in Government School Campus’s building. This CCI is only for Girls. 2. Khilkhilahata Rainbow Home- The CCI at the time of inspection had not produced a valid registration under Section 41 of the Juvenile Justice Act, 2015. This institution was observed to be running without proper registration which is in contravention of Juvenile Justice Act, 2015 and Juvenile Justice Model Rules 2016. This home is housed in a Government school building “Rajkiya Naveen Vidhyalaya”, Rajwanshi Nagar, Patna Government school building. This home houses for girls and having only 02 rooms within the school premises. This home runs under Bihar Shiksha Pariyojana Parishad as well.

3. Gyan Vigyan Rainbow Home- The CCI at the time of inspection had not produced a valid registration under Section 41 of the Juvenile Justice Act, 2015. This institution was observed to be running unregistered which is in contravention of 141

Juvenile Justice Act, 2015 and Juvenile Justice Model Rules 2016. This CCI is housed in Cant. Madhya Vidhalya Alakhvarg, Danapur, Patna, Bihar and houses only girls. 4. Umang Aman Sneh Ghar- The CCI at the time of inspection had not produced a valid registration under Section 41 of the Juvenile Justice Act, 2015. This institution was observed to be running unregistered which is in contravention of Juvenile Justice Act, 2015 and Juvenile Justice Model Rules 2016. This CCI is housed in the school building namely Sankul Sansadhan Kendra Madhya Vidhyalaya, Kumhrar.

5. Muskurahat Aman Sneh Ghar- The CCI at the time of inspection had not produced a valid registration under Section 41 of the Juvenile Justice Act, 2015. This institution was observed to be running unregistered which is in contravention of Juvenile Justice Act, 2015 and Juvenile Justice Model Rules 2016. This home is housed in a Government school building “Balak Madhya Vidhyalaya”, Gardani Bagh, Patna Government school building. This home houses boys only having only 02 rooms within the Government school premises. This home is running under Bihar Shiksha Pariyojana Parishad.

II. Non-production of children before CWC-

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1. Vikasaarth Gharaunda Rainbow Home- At the time of inspection, 55 children were found to be living in the Home. All 55 children were found to be living without the orders of the Child Welfare Committee, that is that these 55 children staying in the CCI had not been produced before the CWC. This CCI was observed to be in violation of Section 31 of the JJ Act, 2015 and Rule 18 of the JJ Rules, 2016. It is necessary that every child, who is found or reported to be orphan or abandoned or any child is in need of care and protection must be produced before the CWC within 24 hours and if the same is not being followed and the children are being housed in the CCI without being produced before the CWC or without the orders of CWC, then the same is a gross irregularity and a serious violation, for which necessary action needs to be taken. 2. Khilkhilahata Rainbow Home- At the time of inspection, 93 children were found to be living in the Home. All 93 children were found to be living without the orders of the Child Welfare Committee, that is that these 93 children staying in the CCI had not been produced before the CWC. This CCI was observed to be in violation of Section 31 of the JJ Act, 2015 and Rule 18 of the JJ Rules, 2016. 3. Gyan Vigyan Rainbow Home- At the time of inspection, 88 children were found to be living in the Home. On the day of inspection, 06 children were found to be absent from the CCI. All 88 children were found to be living without the orders of the Child Welfare Committee, that is that these 88 children staying in the CCI had not been produced before the CWC. This CCI was observed to be in violation of Section 31 of the JJ Act, 2015 and Rule 18 of the JJ Rules, 2016. 4. Umang Aman Sneh Ghar- At the time of inspection, 52 children were found to be living in the Home. On the day of inspection, it was informed that 01 child had gone home from the CCI and 02 children had been sent to de-addiction centres. All 52 children were found to be living without the orders of the Child Welfare Committee, that is that these 52 children staying in the CCI had not been produced before the CWC. This CCI was observed to be in violation of Section 31 of the JJ Act, 2015 and Rule 18 of the JJ Rules, 2016. 5. Muskurahat Aman Sneh Ghar- At the time of inspection, 45 children were found to be living in the Home. All 45 children were found to be living without the orders of the Child Welfare Committee, that is that these 45 children staying in 143

the CCI had not been produced before the CWC. This CCI was observed to be in violation of Section 31 of the JJ Act, 2015 and Rule 18 of the JJ Rules, 2016.

III. Physical Infrastructure and Child Care Facilities-

The provisions of JJ Act, 2015 and JJ (Model) Rules, 2016 prescribes certain minimum standards of care and parameters for infrastructure of the CCI. The CCIs housing children must adhere to these parameters and prescribed standards as provided under the Juvenile Justice (Model) Rules, 2016 for the welfare and best interest of children living in such CCIs.

1. Vikasaarth Gharaunda Rainbow Home- a. Management and Children Committees- Rule 39 of the Juvenile Justice Rules, 2016 specifies that every child care institution shall have a Management Committee for the management of the institution and monitoring the progress of every child. The Rule 39 further specifies that the Management Committee shall meet at least once every month. Rule 40 of the Juvenile Justice Rules, 2016 specifies that Person-in-charge of every child care institution shall facilitate setting up of Children Committees for different age groups of children. Further, the Person-in-charge shall ensure that these Children Committees meet every month. This CCI was not found to be having Management Committees and Children Committees. b. Staff- Rule 26 of the Juvenile Justice Rules, 2016 suggests a staffing pattern for a child care institution with a capacity of 100 children. The Rule further specifies that the number of posts in each category of staff shall increase or decrease with the change in the capacity of the institution. The Rule also mandates that in case of child care institutions housing girls, a female Person- in-Charge shall be appointed. The team observed the following in the staff and management of the staff in this CCI- i. One staff (Danish Hameed) was shown as accountant in staff register, however, in the appraisal documents, he was shown as the manager. This was observed to be contradictory. The position of Mr. Danish Hameed in the CCI was unclear to the inspecting team. 144

ii. House mother was working as a cook and housekeeper. There was no separate cook appointed in the CCI. The house mother is also doing the work of a nurse and a medical officer and there is no medical officer/para-medical staff appointed in the CCI. iii. Rehabilitation-cum-Placement Officer was not appointed. c. Physical Infrastructure and child care facilities- Rule 29 of the Juvenile Justice Rules, 2016 gives suggested norms for building or accommodation in each institution with 100 children. Rule 38 of the Juvenile Justice Rules, 2016, specified that there should be sufficient space for outdoor sports and games. Rule 76 of the Juvenile Justice Rules, 2016 specifies that every institution shall evolve a system of ensuring that there is no abuse, neglect and maltreatment of children. Further, this system shall be strictly adhered to by all the staff members. Rule 32 of the Juvenile Justice Rules, 2016 specifies that every child care institution shall have a daily routine for children developed in consultation with the Children Committees, which shall be prominently displayed at various places within the institution. Rule 30 of the Juvenile Justice Rules, 2016 specifies minimum numbers and standards for clothing and beddings to be provided to children. The following observations have been made during the inspection- i. The House manager stays in the campus and shares the same facilities/dormitories as children. There are no separate residential dormitories for children in this CCI and the staff stays with the children in the same area which makes the children susceptible to abuse and maltreatment. ii. The same dormitories which are used for sleeping by the children are used for providing education as well. That is that school classes are given to the children in the same dormitories. iii. There is no separate dining hall for eating for the children. Dormitories and kitchen are used for dining by the children. iv. No separate beds are provided to the children. The children sleep on mattresses on the floor. v. There is no age segregation in the CCI which could be deterrent to a healthy social and mental development of children. 145

vi. Staff is not aware of the nutritional requirement of children at varying stages of development. vii. Meals are not provided in accordance with prescribed norms/diet scale. viii. Sleeping material is not cleaned/sanitized regularly or before reuse as needed and is unhygienic. ix. Rooms and material are unhygienic and are not regularly fumigated for prevention of infection & disease. x. Indoor and outdoor recreation facilities are not available for children. xi. No Clear guidelines regarding access of staff/visitors in identified areas especially in children’s dormitories/toilets.

2. Khilkhilahata Rainbow Home- a. Management and Children Committees- This CCI was not found to be having Management Committees and Children Committees. b. Staff- The team observed the following in the staff and management of the staff in this CCI- i. No Child Welfare Officer is appointed. ii. Only joining forms were available and there were no records of reference checks and records of recruitment. iii. Rehabilitation-cum-Placement Officer was not appointed. c. Physical Infrastructure & Child Care Facilities- i. 02 rooms in dormitories are present, however, they were observed to be inadequate.

ii. There were no separate room for residence of staff and the staff and children used the same facilities. This inter-mingling between the staff and the children was observed to make the children susceptible to abuse and maltreatment.

iii. Number of bathrooms and toilets were observed to be inadequate.

iv. Only 02 rooms are available and all inside/outside areas are used to keep heavy equipments. v. Safety & security guidelines are not followed by home. 146

vi. Emergency numbers, menu charts, diet charts are not displayed. vii. Adequate medical care is not provided. viii. No outdoor or indoor space is provided for sports, games and recreation activities. ix. No age segregation is followed in the CCI which is a violation of Rule 29(iv) of the Juvenile Justice (Model) Rules, 2016 x. No written child protection policy was available. xi. Staff was not aware of nutritional requirement and meals are not planned in consultation with children. xii. Sleeping material is neither cleaned nor sanitized regularly or before reuse as needed. Rooms are not regularly fumigated, disinfected & material provided to each child for prevention of infection & disease. xiii. Individual Care Plan is not prepared for every Child. xiv. No master admission register maintained and as per information provided by the CCI, number of children admitted during a particular year did not match with the children present at the end of the year. d. Education- Rule 36 of the JJ Rules, 2016 specifies that every child care institution shall provide education to all children according to their age and ability, both inside the institution or outside, as per requirement. During the visit, the home staff reported that formal education was being provided to all children and prior educational assessment of children was being done to ensure provision of age appropriate education. However, when details were checked by the inspecting team, no details or documents were provided/ found for the school enrolments of the children and the inspecting team observed that the children were not being provided age appropriate education. Rule 37 of the JJ Rules, 2016 specifies that every child care institution shall provide gainful vocational training to children according to their age, aptitude, interest and ability. During the inspection, it was found that there was no arrangement for providing vocational training to children. This observation made during the 147

inspection was a major point of concern due to the fact that this CCI is receiving funds under Bihar Shiksha Pariyojana Parishad.

3. Gyan Vigyan Rainbow Home- a. Management Committee and Children Committees are not formed in the CCI. b. Staff- The team observed the following in the staff and management of the staff in this CCI- i. No Child Welfare Officer and Counsellor are appointed. ii. State Office accountant works as a Storekeeper-cum- Accountant. iii. Reference checks and work profiles of staff of the CCI was not available. iv. Rehabilitation-cum-Placement Officer not available. c. Physical Infrastructure & Child Care Facilities- i. There are no separate classrooms for studying for children. The dormitories were used for studying by the children. ii. Dormitories and office room are the two rooms in the CCI which are used for multipurpose like office room are used as sick room, library etc. The CCI has only 03 dormitories which are used for education, recreational activities, counselling, and staff residence. iii. There is no dining hall. The children are made to eat in corridors. iv. No Separate Room for Staff Residence. They stay with Children. v. Boundary wall/Fencing not available. vi. Adequate medical care not provided by CCI. vii. No age group segregation followed. 148

viii. No health records are maintained and medical checkups for children are not conducted on a regular basis. ix. Children do their recreational activities inside the CCI only. There is no outdoor space for sports, games or recreation. x. Home teacher and mobilizer prepare the individual care plan. xi. The children have not been provided beds and have to sleep on the mattresses which were also observed to be unclean. xii. The rooms were not clean and were having mosquitoes which was observed to be hazardous. The sleeping material was not cleaned and sanitized properly. xiii. Medicines are not administered to the child by a staff/nurse. The staffs are not trained to provide First aid. This puts the lives of the children at risk. 4. Umang Aman Sneh Ghar- a. Management Committee and Children Committees are not formed in the CCI. b. Staff- The team observed the following in the staff and management of the staff in this CCI- i. No Child Welfare Officer and Counsellor are appointed. ii. State Office accountant works as a Storekeeper-cum-Accountant. iii. Reference checks and work profiles of staff of the CCI was not available. iv. Police verification done for only 03 staff. v. Rehabilitation-cum-Placement Officer not available. c. Physical Infrastructure & Child Care Facilities- i. There are no separate classrooms for studying for children. The dormitories were used for studying by the children. ii. Dormitories and office room are the two rooms in the CCI which are used for multipurpose like office room are used as sick room, library 149

etc. The CCI has only 03 dormitories which are used for education, recreational activities, counselling, and staff residence. iii. There is no dining hall. The children are made to eat in corridors. iv. No Separate Room for Staff Residence. They stay with Children. v. Toilets are located on the ground floor in the school premises, while the children are residing on the 2nd floor so at night the children have to go to ground floor to use the toilets. vi. Children practice yoga in Open terrace which doesn’t have any kind of wall and the children are prone to getting injured. vii. Condition of ceilings walls, floor coverings, draperies, curtains, blinds, furniture, fixtures, and equipment is not good. viii. Staff was not aware of nutritional requirement. ix. Adequate medical care not provided by CCI. x. No age group segregation followed. xi. Children do their recreational activities inside the CCI only. There is no outdoor space for sports, games or recreation. xii. Home teacher prepares the individual care plan who is BA qualified. xiii. The children have not been provided beds and have to sleep on the mattresses. xiv. Medicines are not administered to the child by a staff/nurse. The staffs are not trained to provide First aid. This puts the lives of the children at risk.

5. Muskurahat Aman Sneh Ghar- a. Management Committee and Children Committees are not formed in the CCI. b. Staff- The team observed the following in the staff and management of the staff in this CCI- i. No Child Welfare Officer and Counsellor are appointed. ii. Reference checks and work profiles of staff of the CCI was not available. Only joining forms of the staff were available in the CCI. iii. Rehabilitation-cum-Placement Officer not available.

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c. Physical Infrastructure & Child Care Facilities- i. No Separate Room for Staff Residence. They stay with Children. 03 managers are all residing inside in 02 rooms with kids. ii. The dormitories are inadequate for the number of children living in the CCI. iii. Bathroom and Toilet is only 01 each, which was observed to be inadequate for the number of children living in the CCI. iv. Boundary wall/Fencing is not proper. v. Only 02 rooms are available and maximum areas are occupied to keep heavy equipments. vi. Safety & security guidelines are not followed by home jeopardizing the lives of children. vii. Safe purified drinking water is not provided to the children. viii. Staff is not aware of nutritional requirement and meals are not planned in consultation with children. ix. Staff is not trained to provide first-aid and there are no medical records available for children in the CCI. x. There is no dining hall. The children are made to eat in corridors. xi. Condition of ceilings walls, floor coverings, draperies, curtains, blinds, furniture, fixtures, and equipment are not good. xii. the rooms were observed not to be clean. xiii. Adequate medical care not provided by CCI. xiv. No age group segregation followed. xv. Children do their recreational activities inside the CCI only. There is no outdoor space for sports, games or recreation. xvi. The children have not been provided beds and have to sleep on the mattresses. xvii. Rooms and dormitories were found not free of unstable heavy equipment, furniture, or other items and children could pull down on themselves. Also, the condition of ceilings and floorings were found to be not in a good condition. xviii. No activities were being conducted under staff supervision to minimize the risk of injury to children. xix. Master admission register not maintained. 151

xx. Number of children admitted during a particular year did not match with the children present at the end of the year. xxi. Individual Child Care Plan for each child has not been prepared. xxii. Many important registers and records have not been maintained by the CCI, thereby violating Rule 77 of the Juvenile Justice (Model) Rules, 2016.

d. Education- Rule 36 of the Juvenile Justice Rules, 2016 specifies that every child care institution shall provide education to all children according to their age and ability, both inside the institution or outside, as per requirement. During the visit, the home staff reported that formal education was being provided to all children and prior educational assessment of children was being done to ensure provision of age appropriate education. However, when details were checked by the inspecting team, no details or documents were provided/ found for the school enrolments of children and the inspecting team observed that the children were not being provided age appropriate education as well. This observation made during the inspection was a major point of concern due to the fact that this Home is receiving funds under Bihar Shiksha Pariyojana Parishad.

The Commission observed the condition of children living in these institutions to be deplorable and that these children were not being given even the basic facilities which are required for the welfare of children. Further, these CCIs were not following the prescribed norms of safety and institutional management as given in Juvenile Justice Act, 2015 and its Rules, 2016. The staff of the CCI was staying in the same room as the children and using the same bathroom facilities as the children, which made the children susceptible to abuse and maltreatment. Another important aspect which ensures the well-being of children in the CCI is the availability of proper living facilities such as bathrooms, beds, dining hall etc. were found to be not present in these CCIs. The children were given floor mats/mattresses and were made to sleep on the floor and with regard to the dining facilities which ought to be provided to these children as per the prescribed norms were not there and the children were made to eat by sitting on the floor in the corridors. Further, in 02 CCIs the Commission has observed that the children are not being given age-appropriate education, even though these CCIs are getting State Government funds for the same. The Commission has observed this to prima facie indicate financial discrepancies which needs to be investigated and appropriate action needs to be 152

taken in this regard against the CCIs. The condition of children living in these CCIs was observed to be not adequate for the mental, social and healthy development of children.

IV. Funding and Sources of Funding-

i. Khilkhilahata Rainbow Home and Muskurahat Aman Sneh Ghar- At the time of inspection, the team has observed that these two CCIs had been receiving State Government funds under Bihar Shiksha Pariyojana Parishad (Sarva Shiksha Abhiyan). The staff of the CCIs had informed the team that children are being given age appropriate education and educational assessments for children are being conducted from time and time. However, when the team probed further and checked the documents, the team found that there were no documents proving that the children had been enrolled in formal education and were receiving school based, age appropriate education. Further, the CCIs were hesitant and did not show the documents related to the Government grants/aids to the inspecting team. Therefore, no details could be verified by the inspecting team regarding the grants received by the CCIs and no documents were provided to the team which could verify that the grants were being released as per norms and the funds were being utilized for which they were being provided for. This resistance from the CCIs to not show documents related to the funding being received by the CCIs was observed to indicate mala-fide intentions of these CCIs to conceal the true and correct facts about the sources of funding and utilization of funds. Therefore, it is expedient that an inquiry into the funding sources and utilization, especially with regard to State Government grants must be conducted.

V. Proof of restored children not found- Section 40 of the JJ Act, 2015 provides that restoration and protection of a child shall be the prime objective of any Children’s Home. The Children Home shall take such steps as are considered necessary for the restoration and protection of a child deprived of his family environment temporarily or permanently where such child is under their care and protection. Section 40(3) of the Juvenile Justice Act, 2015 specifically provides that the Child Welfare Committee shall have the powers to restore any child in need of care and protection to his parents, guardian or fit person, as the case may be, after determining the suitability of the parents or guardian or fit person to take 153

care of the child, and give them suitable directions. Therefore, as per the Act, it is only after the valid orders of Child Welfare Committee are given for the restoration of the child, can the child be restored to its parents/guardian etc.

1. Vikasaarth Gharaunda Rainbow Home, Khilkhilahata Rainbow Home, Gyan Vigyan Rainbow Home, Umang Aman Sneh Ghar and Muskurahat Aman Sneh Ghar - It was reported by all these Homes that children had been restored back to their families. However, the restoration of children from these Homes to their guardians/families was done without the orders of Child Welfare Committee. The due process for restoring the child as given under Section 40(3) of the Juvenile Justice Act, 2015 was not followed by any of these Homes. Further, it was observed that the Homes were not reporting all cases of admission, restoration, transfer, adoption, death & leave without permission of children from the institution, to Competent Authority, State Government, DCPU, as the case may be. The documentary proof of the restoration of the children from these CCIs and the identity of the people to whom the children had been restored to were not found. Therefore, to maintain records for being aware of the whereabouts of the child and the people the child has been restored to, it is necessary that record maintenance by CCI is done and the child is restored by following due process only. The process of restoration being not followed by the CCI is illegal and a gross irregularity which jeopardizes the safety and security of the children. In this case, where the CCI has not maintained proper records of restored children, it is necessary to initiate an inquiry into the whereabouts of these children and ensure the welfare and well-being of these children. 2. An immediate FIR and appropriate criminal action must be taken against the staff of the CCIs/management of the CCIs under the provisions of Juvenile Justice Act, 2015, Indian Penal Code, 1860, Immoral Trafficking Prevention Act and any other relevant provisions of law for restoring children without the orders of CWC and to jeopardize the safety and security of these children by giving them away and an investigation must be initiated to trace the whereabouts of these children and inquire into the circumstances and reasons for restoring the children without the orders of CWC. Where these children have been given away for monetary gains and for purposes of trafficking, prostitution, begging etc., FIR must be registered, and action must be taken under the relevant penal provisions of law. 154

VI. Inspection by authorities-

1. Vikasaarth Gharaunda Rainbow Home, Khilkhilahata Rainbow Home, Gyan Vigyan Rainbow Home, Umang Aman Sneh Ghar and Muskurahat Aman Sneh Ghar- The inspection team was informed that neither the Child Welfare Committee nor the State Inspection Committee had conducted inspection of any of these Homes. The inspecting team observed that these CCIs had not been inspected in a proper and regularized manner, as mandated under the Juvenile Justice Act, 2015. Further, the Commission also observed that these CCIs were running in Government owned buildings and the 02 CCIs (Khilkhilahata Rainbow Home and Muskurahat Aman Sneh Ghar) in addition to receiving funds from its parent organization were also receiving grants from Department of Education (State Government) under the SSA programme. Therefore, the Commission observed it to be a gross irregularity on the part of the Department of WCD (State Government) for not conducting regularized inspections of these CCIs as mandated under Juvenile Justice Act, 2015 and Department of Education (State Government) for giving them grants and permitting them to run schools in Government buildings despite the fact that the children were being housed in these CCIs illegally. The Commission observed that there are serious discrepancies in the management and upkeep of the institutions and the children are being kept without following the due 155

procedure and norms laid down under the Juvenile Justice Act, 2015 and its Rules, 2016. VII. Other serious violations observed during inspection in Gyan Vigyan Rainbow Home-

1. While conducting the inquiry and inspection in the CCI namely, ‘Gyan Vigyan Rainbow Home- Cant Madhya Vidyalya, Danapur Cantonment Patna, Bihar’ the team came across one ‘Capacity Building Register’ where it was found written that NRC, CAA, Fund Raising Training was conducted on 20.12.2019 of the children by KDDC/MIS/RMU/Finance, State, Org. and one of the participant in the said training was Araya, the staff member of the CCI. 2. It was also observed therein that the learning was further shared with the children on 26.12.19 where under the learnings shared it was mentioned that “स셍वप्रथम सभी सदयⴂ ने अपना अपना परिचय ददया तत्पश्चात सभी लोगⴂ ने NRC औि CAA जे बािे मᴂ अपने अपने द셍चाि 핍यक्त दिये िी दिस तिह NRC औि CAA िी 셍जह से ल륍बे आिसे से िह िहे जो बहाि से आये हुए नागरिि हℂ, उन्हᴂ अपने भाित मᴂ िहने िो प्रमादित ििना पड़ेगा, इसिा सबसे 煍यादा प्रभा셍 उन झु嵍गी, झोपदड़यⴂ मᴂ िहने 셍ाले गिीब लोगⴂ पि पड़ िहा है, दजनिे हि साल बाद िी 셍जह से या अन्य 셍जह से उनिे झोपडी टूट जाती है 셍ो अपने दता셍ेज दिस तिह संभाल िि िखे। … इस मीदटंग िे दौिान हमे िु छ बातᴂ सीखने िो दमली, सििाि िे द्वािा जो भी दबल पास होता है यदद 셍ह यहााँ िहने 셍ाले नागरििⴂ िे दहट मᴂ नहĂ है तो हम सब िो दमलिि उसिा द셍िोध ििना चादहए औि हमे ज़셂िी दता셍ेजⴂ िो समभालिि िखना िहदहये तादि ज़셂ित पड़ने पि 셍ह हमािे िाम आ सिे। ब楍चⴂ िी ज़셂िते अत्यदधि होती हℂ यथा समय उनिी ज़셂ित पूिा दिया जा सिे इसदलए फण्ड िेदजंग ििना चादहए। साथ हे साथ बजट िो सभी ज़셂ितⴂ िो ध्यान मᴂ िखते हुए बनाना चादहए तादि सभी िायव भू हो जाएाँ औि बजट िा भी balance बना िहे ।” 3. Further, at pg. 76-78 it was found written as that some ‘Future Group Meeting’ took place on 03.02.2020 which was attended by 05 girls living in the CCI and the CCI staff disseminated the information in regard to the Group Living and NRC and CAA to them. Excerpts of the aforesaid pages are as under-

“मेरा नाम रानी है मℂ सुबह ४ बजे उठ कर पढ़ती ह ँ और होने friends को भी पढ़ने के लिए बोिती ह ँ। NRC के लिरोध मᴂ मℂ ह ँ क्यंलक हमारे पास घर तो डाक्यमᴂट्स कहाँ रखᴂगे।”

4. It is noted that the minor girl is apprehended when she does not have house where she will keep her documents. 156

5. It was also observed that on one page of the said Register it was written that under date 04.01.2021 ‘…उ楍च 셍गव िे लोग, पुदलस सििाि से सभी ददलत लोगⴂ िो respect नहĂ देते उन्हᴂ अपने से नीचा ददख셍ाते है …’

6. The Commission was sceptical that why such training and discussion was held with these children, since, they are not connected to it in any manner. Therefore, keeping in view of the above the Commission decided to forward this matter to the SSP, Patna for immediate registration of FIR for prima facie violations under Section 124A, 153A, 505 (2) of Indian Penal Code, 1860 and 75 of Juvenile Justice Act, 2015 and other relevant provisions against the CCI, organisation running the CCI and the organisation which provided training i.e. KDDC, Umbrella Foundation and other concerned persons and organisations. Copies of the documents and pages of registers were also forwarded to the law enforcement authority for evidence and their necessary action.

7. After making recommendations to the Bihar Police with regard to the above-mentioned training/teachings to children for CAA and NRC, the Bihar Police (Danapur Police Station) has registered an FIR against this CCI under Sections 124A, 153A, 505 (2) of Indian Penal Code, 1860 and 75 of Juvenile Justice Act, 2015 on 23.03.2021 and the investigation is underway. The Commission recommends that the investigation in the matter be concluded at the earliest and the chargesheet be filed in the matter in a time bound manner.

VIII. Recommendations-

In view of the observations made above by the inspection team for these CCIs, the following recommendations and actions to be taken for the welfare of children residing in these CCIs are made-

1. Department of Women and Child Welfare, Government of Bihar- i. It is recommended that the Department of WCD and Department of Education, may look into the issues of lack of infrastructure, child care facilities, education etc. of these CCIs and accordingly, take appropriate action against these CCIs. 157

ii. It is recommended that the Department of WCD and Department of Education, may take appropriate action against these CCIs for housing children illegally and running the CCIs without a valid registration under Section 41 of the Juvenile Justice Act, 2015. iii. It is recommended to take action against these CCIs under the appropriate provisions of law for non-production of children before Child Welfare Committee and keeping them in the Home without the orders of Child Welfare Committee. iv. The Commission recommends that all the children from these CCIs must be produced before the Child Welfare Committee under Section 31 of the Juvenile Justice Act, 2015, so that necessary orders can be passed for them and the Child Welfare Committee should restore the children back to their family, in cases where the child is having family support. Where the family is unable to support the child because of financial causes, the Child Welfare Committee may order for sponsorship support and other financial support from Government implemented schemes, wherever the child and family are entitled. v. The Department of WCD must identify children living in these CCIs who are abandoned/claim to be orphan without family support and produce them before Child Welfare Committee for further orders. If such children are found to be residing in the CCIs and have not been produced before the Child Welfare Committee, then an investigation under Section 34 of the Juvenile Justice Act, 2015 must be initiated against the staff of the CCI for violating provisions of Section 32 of the Juvenile Justice Act, 2015. vi. It is recommended that the children who have been restored from the CCIs must be traced and their well-being must be ensured. Appropriate action against the CCIs must be taken for not adhering to the provisions of restoration under the Juvenile Justice Act, 2015 and restoring the children without the orders of CWC. vii. These CCIs which are running without a valid registration under the Juvenile Justice Act, 2015 must not be allowed to operate and house children any further. The children from this institution must be immediately produced before the CWC and shifted to a suitable institution for them or restored back to their families/guardians wherever possible.

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2. Department of Education, Government of Bihar- The Commission had found during the inspection that all these CCIs were running in Government school buildings and were not having a building of its own. In two of the CCIs (Khilkhilahata Rainbow Home and Muskurahat Aman Sneh Ghar) it was also reported that grants are being received by the CCI from the Department of Education under the SSA programme. a. The Commission recommends initiation of an inquiry by the Department of Education, against those officials who had failed to take action against these CCIs for housing children in Government school building for purposes other than sanctioned for. As out of 05 CCIs, there were 02 CCIs who had been receiving grants under the SSA programme, therefore, it is observed that despite having knowledge of these institutions running without registration and housing children illegally, the department failed to take any action against these CCIs and continued to provide funds and permitted these CCIs to run school in Government buildings. b. Keeping in view of the observations made above for violations of providing age appropriate education to children in these CCIs, the Commission recommends that the Department must initiate an inquiry against the utilization of funds received under the SSA programme by these CCIs through a specialized agency and take appropriate action against these CCIs. c. These CCIs are in violation of norms laid down by the Right to Education Act, 2009 as well and were operating a child care home in the premises of a school. This violation of RTE Act is a serious violation and is liable for punishment under the relevant provisions. Therefore, the Commission recommends that the department must inquire into the violations of RTE Act, 2009 being committed by these CCIs and take necessary and appropriate action.

3. Bihar Police- Keeping in view the observations of the inspection team, it is seen that the all the CCIs had not complied with the mandatory registration procedure under Section 41 of JJ Act, 2015 and had not followed the due procedure for restoration of child from the CCI which is to be followed as per Juvenile Justice Act, 2015. In view of the same, the following is recommended- a. The inspection team has observed that all CCIs were not registered under Section 41 of Juvenile Justice Act, 2015 and have been observed to be operating and housing children without a valid registration. Therefore, a prima facie offence 159

under Section 42 of Juvenile Justice Act, 2015 is made out and an FIR should be registered against these CCIs for running child care institutions without a valid registration. b. An investigation into tracing the whereabouts of the children must be initiated who have been restored by the staff of the CCIs and FIR must be registered against the staff of CCI/management of CCI under the provisions of Juvenile Justice Act, 2015, Indian Penal Code, Immoral Trafficking Prevention Act and any other relevant provision. If in case, offence under Section 81 of JJ Act, 2015 or any other provisions of law is made out, then an FIR must be registered under the said provision and investigation must be undertaken against the offenders. c. The children living in these CCIs who are identified to be abandoned/claim to be orphan without family support and are residing in these CCIs and have not been produced before the Child Welfare Committee, then an investigation under Section 34 of the Juvenile Justice Act, 2015 must be initiated against the staff of the CCI for violating provisions of Section 32 of the Juvenile Justice Act, 2015. d. Also, the Commission recommends investigation under the violation of Section 491 of Indian Penal Code, for not providing the facilities and utilities as the institutions are duty bound to do so and register a complaint against the staff and management of the CCIs for the same. e. The Commission recommends that the investigation in FIR registered against Gyan Vigyan Rainbow Home under Sections 124A, 153A, 505 (2) of Indian Penal Code, 1860 and 75 of Juvenile Justice Act, 2015 on 23.03.2021 by Danapur Police Station be concluded at the earliest and the chargesheet be filed in the matter in a time bound manner.

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National Commission for Protection of Child Rights Janpath, New Delhi-110001

Subject- “Visit report of Crescent Rural Development Society Crescent (Rainbow Home), Bharatamat Municipal Elementary School, Lakshmi Nagar, Anantapur (AP)”

An Order dated 24th November 2020 (No.1/Visit/Home/2020) was issued by the National Commission for the Protection of Child Rights informing that an inspection of Children Homes in Delhi was conducted by a team of NCPCR revealing a number of discrepancies with regard to lack of basic amenities, forced illegal activities by children and violation of JJ Act etc. resulting in a detailed inquiry. Accordingly, NCPCR decided to conduct inspection of Children Homes being run/managed/funded/supported/collaborated by ARUN and Rainbow Foundation India in different parts of the country. The constitution of the visit team was as follows-

• Smt. Pargna Parande, Hon’ble Member, NCPCR • Dr. A. Siri, IAS, Joint Collector, VWS&D, Ananthapuram • Smt. Nallani Rajeshwari, Chairperson, CWC, Ananthapuram • Mr. Prashant Dwivedi, Consultant, NCPCR • Mr. Ajish I.R, Consultant, NCPCR

2. The team of NCPCR has conducted inspection in the home on 11.12.2020. The team during the inspection had made the following observations-

i. Legal Status and capacity- The Home had been granted registration under Section 41 of JJ Act, 2015 which was valid from 18.09.2017 for a period of five years. However, it was observed by the team that the sanctioned capacity of 200 children given in the registration certificate to the Home was more than what the Home could accommodate. The authorities at the time of registration had not taken the actual capacity of the Home into consideration while granting the certificate and had sanctioned the capacity of home for 200 children which is more than the physical capacity of the Home.

ii. No female person-in charge- Th CRDS Home is a home for housing girls which was being run under the post of project coordinator. At the time of inspection, the post of project coordinator was being held by a male person and the Home was being run under his charge. A female in charge was appointed at the post of home coordinator which was below the post of project coordinator. Rule 26 of the JJ Model Rules, 2016 provides that where a home is only housing girls, then the in charge and staff of the home should only be females. In this home, it was seen that the home being run under a male in charge which is in violation of Rule 26 of JJ Rules, 2016 and poses a threat to the safety and security of the girls housed in this Home. 161

iii. Physical Infrastructure- This Home was found to be lacking the basic infrastructural facility required to be present as per the norms laid down by JJ Act, 2015 and JJ Model Rules, 2016. The following infrastructural issues were observed during the inspection-

a. The toilets of the home were inappropriately and poorly designed rendering them difficult to use. b. Boundary walls of the home were not in appropriate condition. Thereby it was reported that children were habitual of leaving the CCI home campus for extended periods of time. c. The CCTVs though installed in the home, most of the cameras were not functioning. The team gathered that the CCTVs may have been destroyed with the aim to conceal activities of the CCI. d. The children in the CCI slept in the courtyard of the CCI as there was lack of sufficient room for the children. Only two rooms were available for children’s accommodation leading to a congestive environment for children. Concerns were raised regarding health hazards. The Home management was not properly maintaining the mandatory records/registers related to child health, Health check-ups by the Doctor, Haemoglobin levels, Children movement register, Menstrual Health register, CWC Orders for children etc as per the JJ Act 2015. e. It was observed that children did not have proper mattress to sleep. The children were provided with thin plastic sheets which can cause serious health issues for the children specially in winters. f. The children were not provided with mosquitoes’ net and mosquitoes repellant despite the presence of mosquitoes in the rooms of the children thereby increasing their risk of malaria disease. Further there are no mosquito nets fixed to the windows of the corridor.

iv. Non-production of children before CWC- At the time of inspection, this Home was found to be housing 63 children. Out of the 63 children, CWC orders for only 28 children were found in this Home. It was noted that the rest of the children had not been produced before the CWC and these children were living in this Home without the orders of CWC. Section 31 of the JJ Act, 2015 provides that any child in need of care and protection must be produced before a CWC and Section 32 provides for mandatory reporting of a child who is found to be separated from a guardian. In this Home, it was 162

observed that the children residing in this Home were living without the orders of CWC which was in violation of the provisions of JJ Act, 2015.

v. Discrimination by management of the Home in accepting children to be housed in the Home- At the time of inspection, the team observed that this CCI did not accept children to stay in the home because the children was found to be not suitable to stay in the home by the CCI management and that the existing children may be disturbed. The CCI, further, failed to accept any runaway, missing and sexually abused child. It was further observed that the CCI management was not willing to accept any child recommended by the CWC. Section 3 of the JJ Act, 2015 provides for principle of equality and non-discrimination of children and Section 2(21) of the JJ Act, 2015 categorizes runaway, missing and sexually abused children as child in need of care and protection, therefore, such discrimination exercised by the CCI management in accepting children in Home is a violation of the provisions of the JJ Act, 2015 and the quasi-judicial orders of CWC as well. vi. Police verification of staff and non-maintenance of records of restored children- At the time of inspection it was observed that the police verification of staff of the Home had not been conducted and that no such police verification report of the staff was found in the records of the Home. Rule 26 of the JJ Act, 2015 specifies that no person in CCI shall be employed without police verification.

Further, there was irregularity observed in maintaining information and registers in the Home. According to the admission register 219 children were given admission into the home since 2010, out of which 60 children were restored to their parent. However, no records or acknowledgement was found from the guardian taking charge of the child, in the registers of the CCI. That such lack of records of restored children and lack of acknowledgment from their guardians is liable for strict action against the CCI management, as the children cannot be traced anymore and their welfare and well-being cannot be ensured. This discrepancy on the part of the management of the CCI must be inquired into and Department of WCD must make all efforts to trace out the children who have been restored through this home and without the orders of CWC. vii. Inspection by authorities- At the time of inspection, it was observed that inspection by only Department of WCD had been done and none of the other functionaries established under JJ Act, 2015 had made inspections to the Home. Further, no feedback report of the inspection conducted by Department of WCD was found by the inspection team. Section 54 of JJ Act, 2015 provides that State Government shall establish inspection committees for the State and district and that such committees shall conduct 163

mandatory visits to child care facilities once in three months. However, in this Home, it has been seen that no such inspections had been conducted and that despite inspections being conducted by the Department of WCD, the children were made to reside in this institution in deplorable and derogatory conditions. Department of WCD should conduct an inquiry in this matter and take strict action against those officials who had conducted inspection in the Home and had not taken any action on the irregularities and violations being committed by this Home. viii. Suspicious activities going on in the Home and lack of safety and security of girls living in the Home- During the focused group discussions between the inspection team and the girls living in the Home, the team was informed by a girl that when the children were taken for excursions the big girls were not taken with them. This information provided by the girl to the team indicates to some suspicious activities going on in the Home and the manager needs to inquired about the same.

One of the elder girls who had been residing in the Home since its inception had informed that on numerous occasions, she had jumped the boundary wall and runway from the Home because of corporal punishment being inflicted upon her by the CCI staff. As she is an orphan and had nowhere to go, she would return back to the CCI. Inflicting corporal punishment is a punishable offence under Section 82 of the JJ Act, 2015 and the CCI staff is liable for action under this provision. Department of WCD should take strict action against the CCI staff for allowing the exploitation of girls living in the Home and inflicting corporal punishment on children. District police must file an FIR under Section 82 of JJ Act, 2015 against the CCI staff and must conduct an investigation under the provisions of POCSO Act, 2012 and other relevant provisions of law for cases of exploitation of girls reported to the inspection team by the girls of the Home.

Further, the inspection team was also concerned about the lack of maintenance of the boundary wall, which made it possible for children of the home to easily runaway. Also, the home was not segregating the children age-wise which made then younger children prone to abuse by the older children of the Home.

ix. Additional observations- a. It was observed that the children in the home were not comfortable with the staff of the home, particularly with the protection officer and the counsellor. b. It was observed that the children of the home were being constantly monitored and the staff was not inclined to allow them 164

to speak. c. Sanitary napkins are not provided to the Adolescent girls. It was observed that there is no stock available at Home. d. The children showed poor educational standards. Proper efforts were not being made by the Home management in improving the standards of education of the children. Further no tutors were made available to monitor the academic performance of children.

e. During the inspection it was also noticed that medicines were not found in stock. Some of the medicines mentioned in the Medical Register/Medicine Register were also not found in the CCI. f. The CCI did not have a Complaint Box in the premises. g. Income and Expenditure Account of CCI were not shown at the time of Inspection. h. The food Registers/Meals register were not properly updated and daily food entries were not entered. i. The children admission register was not properly maintained in particular maintaining the date of admission of children. j. The children growth and health register and menstrual register were not properly maintained. k. The children were provided used clothes, thin plastic sheets as mattresses, infrastructure was inadequate and no teaching staff was retained. l. the children were specially tutored and specially trained for the visit. m. the children were not comfortable and therefore were not able to openly express their opinions. n. Children above 15 years are being used for cleaning and sweeping the home premises, washing their clothes, support for cooking in the home. o. It was revealed that a caretaker at the CCI was provided with special attention and special favours by the CCI President.

3. Recommendations-

I. Department of WCD- The following recommendations are made for action to be taken by Department of WCD- a. To inquire into the discrepancy in the registration given under Section 41 of JJ Act, 2015 and strict action against officials who had granted registration this CCI. Where the registration has been granted for a sanctioned capacity of 200 children, the Home did not have the capacity to house that many children. 165

b. To take strict action against CCI management for violating Rule 26 of JJ Act, 2015. The police verification of staff had not been done and the in charge of the Home housing girls was male, whereas the rule specifies that a CCI housing girls must have a female person in charge and the staff of the CCI should also be female.

c. To conduct inquiry and take action against CCI staff for housing children in the CCI without the CWC orders and refusing to take children who were recommended by CWC.

d. To make all efforts to trace out the 61 children who were restored to their families/guardians from this Home and to ensure their well-being and welfare.

e. To take strict disciplinary action against those officials of department of WCD who had conducted an inspection of this Home and had not taken any efforts to improve the deplorable condition of the children of the Home.

f. To get an investigation conducted by the district police officials into the exploitation and other adverse activities being conducted by the CCI management against these minor girls under the POCSO Act, 2012; JJ Act, 2015 and other relevant provisions of law.

g. To cancel the registration of this Home and to close this Home and shift the children of this Home to a suitable institution for them.

II. Superintendent of Police, Anantapur- The following recommendation are made to the district police to take immediate action in the matter- a. To conduct an investigation into the exploitation and other adverse activities being conducted by the CCI management against these minor girls under the POCSO Act, 2012; JJ Act, 2015 and other relevant provisions of law.

b. To file an FIR against the CCI management and staff under Section 75 and 82 of JJ Act, 2015.

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APPLICATION FOR EXEMPTION FROM FILING ATTESTED COUNTER AFFIDAVIT TO, THE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

THE HUMBLE APPLICATION OF THE APPLICANT ABOVE NAMED:

Most Respectfully Showeth: - 1. That present Writ Petition under Article 226 of the Constitution of India have been filed by the Petitioners/Institutions challenging the Inspection Report given by the Respondent No.1- National Commission for Protection of Child Rights (NCPCR) under Section 15(i) read with Section 13(1)(j) of the Commissions for Protection of Child Rights Act, 2005 (hereinafter ‘Act, 2005’) pursuant to which, prosecution has been directed against the Petitioner/Institution. The Petitioners/Institutions also challenges the show cause notice dated 21st January, 2021 issued by 167

Respondent No. 2 - The Samagra Shiksha Abhiyan, which was based on the Inspection Report of the NCPCR..

2. That it is respectfully submitted that this Hon’ble Court vide order dated 07.04.2021, was pleased to order NCPCR (Respondent-1) to file counter affidavit.

3. That due to urgency in filing the affidavit as well as the Covid situation, the answering respondent could not get the present affidavit attested.

4. That in light of the facts stated above this Hon’ble Court may kindly allow the present application in terms of the prayer made hereunder.

PRAYER

In the view of the above answering respondent respectfully prays that this Hon’ble Court may be graciously pleased to: - (a). kindly exempt the Petitioner from filing attested Affidavit; and (b). pass such other and further order(s) as may deem fit in the circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FILED BY

SWARUPAMA CHATURVEDI ADVOCATE

DATE: 26.07.2021 DELHI 168

IN THE HIGH COURT OF DELHI [CIVIL APPELLATE JURISDICTION] WRIT PETITION (CIVIL) NO. 4288/2021 IN THE MATTER OF: - UMMEED AMAN GHAR FOR BOYS .PETITIONER(S) VERSUS NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS. .RESPONDENT(S) APPLICATION FOR CONDONATION OF DELAY IN FILING COUNTER AFFIDAVIT TO, THE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

THE HUMBLE APPLICATION OF THE APPLICANT ABOVE NAMED:

2. That it is respectfully submitted that this Hon’ble Court vide order dated 07.04.2021, was pleased to order NCPCR (Respondent - 1) to file counter affidavit in four weeks. 3. That once we got service of the petition in instant matter, we sought instruction at the earliest. 4. However, due to Covid situation as well as vacations, the answering respondent could not get instant counter affidavit filed within stipulated time. 5. That in light of the facts stated above this Hon’ble Court may kindly allow the present application in terms of the prayer made hereunder. PRAYER In the view of the above answering respondent respectfully prays that this Hon’ble Court may be graciously pleased to: - 1. kindly condone the delay in filling of counter affidavit on behalf of Respondent-1 ; and 2. pass such other and further order(s) as may deem fit in the circumstances of the case. AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FILED BY

SWARUPAMA CHATURVEDI ADVOCATE

DATE: 26.07.2021 DELHI