employees in the schools of that State.
20.
Escape of Inmates from Juvenile Homes, etc
(Case Mo.497113197-98 & other 86 cases)
In this groups of 87 cases, the attention of the Commission was drawn to the escape
of several inmates from the Beggars' HomeslJuvenile Homes/ Remand Homes situated in
different parts of Maharashtra.The Commission pointed out that it was the State Government's
duty to take appropriate measures for the safe custody of the inmates. The escape of such a
large number of inmates was indicative of the fact that there were either serious infrastructural
deficiencies or that security arrangements were faulty.
The Commissiondirected that the Chief Secretary, Government of Maharashtra should
review the functioning of the Beggars' HomeIJuvenile HomeslRemand Homes with a view to
ensuring better care in these institutions and avoiding the recurrence of circumstances leading
to such instance.
Progressive criminology propagates the use of non-institutionaltreatment of offenders.
The loss of liberty, separation from the family and the social environment in institutions often
results in unwanted consequences. Considering this, Rule I9 of the UN Standard Minimum
Rules for the administration of Juvenile Justice (1980) aims at restricting institutionalization in
quantity and in time. Rule 19 lays down that the placement of juveniles in an institution shall
always be a disposition of last resort and for the minimum necessary period. Art. 3 of the
Convention on the Rights of the Child (CRC) mandates the State to ensure that the institutions
responsible for care or protection of children shall conform with the standards established by
competent authorities. Art. 19 of that Convention further mandates that the State shall take all
appropriate legislative, administrative, social and educational measures to protect the child in
all respects, while in the care of parents etc. or any other person. Art 40 of that Convention
recognises the state's duty to treat the child offender in a manner consistent with the child's
sense of dignity and worth, which reinforces the child's respect for the human rights and
fundamental freedoms of others. Rule 26 of the Beijing Declaration says that the juveniles
shall receive care, protectionand all necessary assistance, e.g. social, educational, vocational,
psychological, medical and physical, which they require due to their age, sex, personality and
in the interest of their wholesome development.
The order of the Commission sought to review of conditions in the institutions for
children, in order to bring them into conformity with acceptable standards.