BALSAKHA, NON-GOVERNMENTAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application is by Balsakha, a non -governmental organisation, which, inter alia, has the object of working in the field of child rights and child welfare in the State of Bihar and Jharkhand. They filed this writ application on coming to know that one Anil Oraon, an inmate of Bettiah Remand Home had died on 22.11.2003. Their enquiry reveals that the boy, who was about 10 years old had been accused in a case under. Sec.376/34 IPC and put in the Remand Home. In the Remand Home he was continuously sick as per statements of other inmates and allegedly because of neglect and in absence of proper medical treatment he ultimately died. This Court taking cognizance of the matter, issued notice and called for various records and affidavit. Without going into much detail suffice it to say that it is not a case of criminal negligence but surely it cannot escape the ambit of negligence and care which was required in respect of a child of about 10 years old separated from his parents.

(3.) IN the present case records reveal that after the boy was brought in the Remand Home his health was deteriorated day by day. I have examined various registers and documents which were ordered to be produced in original. They revealed that he had been from time to time attended by doctor. On the face I feel that though care had been extended, it was not adequate, not because the juvenile died but because his death was preventable. Once it was found that he was regularly falling sick, he needed greater care and attention both in day to day living as well as medically. This is the least expected of the State which is a Welfare State and Remand Home and such detentions are by authority of law. I am sure if greater attention and sensitivity was there, the boy would not have lost his life. The authorities must be trained to realize their responsibilities. The State would have well advised to monitor in regular manner check up of boys. Monitor their weight, height from the time they come and their health status all along the period for which they are in Remand Home. In the present case if this was done, records would have revealed that the boy was losing weight instead of growing in the age of growth, that would have drawn the attention of the authorities that there was something wrong and had to be attended. Nothing of this sort was ever done. Nothing of this sort was ever being done in any Remand Home or Juvenile Detention Centre. I, therefore, direct the State to make the Civil Surgeons and the District Judges responsible for monitoring the health and height of the juveniles kept therein, as it is the direct responsibility of the State in this regard. The State officials should do it at regular intervals at least once a month visit the Remand Home without notice, so that they can monitor in surprise visit the actual state of affairs.