M. HARIGOVINDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner M. Harigovindan now aged about 21 years was committed to the borstal school, Cannanore on 3rd August 1981 for a period of four years on conviction for an offence punishable under S.435 I.P.C. He has already completed 3 years and 5 months in the borstal school. During the period he has passed the S.S.L.C. examination in March, 1983, and the 1st year Pre degree examination of the Calicut University in April-May, 1984. He wants to appear for the 2nd year Pre degree examination in April-May, 1985 for which he has already registered his candidature with the University of Calicut.

(2.) Even though convicted at a tender age and committed to the borstal school the petitioner has done well in having taken up private studies and having passed the S.S.L.C. and the 1st year Pre degree examination. It would appear that the petitioner is not able to get adequate facilities for prosecuting further studies remaining as an inmate in the borstal school. Such institutions are established for the purpose of reforming juvenile delinquents by giving them general and value oriented education so that on release they can be rehabilitated as useful members of the society. From what I could gather in regard to the borstal school at Cannanore, the inmates lodged there are given some vocational training such as in carpentry, weaving, tailoring, etc., and general education up to the VII standard. There are 33 inmates and three teachers to take classes up to the VII standard. Two of the teachers had been transferred and posted elsewhere and another teacher is on medical leave. The resultant position is that the borstal school cannot be said to be functioning as a school. It merely lodges the inmates giving them only some vocational training such as in carpentry, tailoring, etc. All the inmates are of tender age requiring utmost care and attention in regard to the development of their character. The laudable purpose in establishing borstal schools and other juvenile reformatory institutions will be defeated if those institutions are not properly manned by competent persons in whose care these children of tender age are to be entrusted with. If the present condition of the school is without even a teacher available to give these children elementary education, it is difficult to comprehend how they will be reformed and integrated as useful members of the society. It is necessary that the Government should look into the working of the borstal school at Cannanore and if any deficiency is noticed the same should be remedied without any loss of time.

(3.) The petitioner who had been an inmate of the borstal school for over 3 years and 5 months by now, having passed the S.S.L.C. and 1st year Pre degree examination by private study, should be given all encouragement to complete his education. He has only less than 7 months for the completion of his term in the borstal school. Considering his anxiety to become a useful member of the society by a process of private study, I am of the view that his continued retention in the borstal school need not be insisted upon if that would in any way impair his further studies. The petitioner who is present in court today submitted that there are no facilities for further studies in the borstal school and there is also no scope for getting guidance for further studies.