Legal provisions regarding sentences which Magistrates may pass as per as rule of the Juvenile Justice (Care and Protection of Children) Rule 2007.
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(1) The homes for juveniles in conflict with law and children in need of care and protection shall function from separate premises.
ADVERTISEMENTS:
(2) The accommodation in each institution shall be as per the following criteria, namely:
(a) Observation Home:
(i) Separate observation homes for girls and boys;
(ii) Classification and segregation of juveniles according to their age group preferably 7-11 years, 12-16 years and 16-18 years, giving due consideration to physical and mental status and the nature of the offence committed.
ADVERTISEMENTS:
(b) Special Home:
(i) Separate special home for girls above the age of 10 years and boys in the age groups of 11 to 15 and 16 to 18 years;
(ii) Classification and segregation of juveniles on the basis of age and nature of offences and their mental and physical status.
(c) Children’s Home:
ADVERTISEMENTS:
(i) While children of both sexes below 10 years can be kept in the same home, separate bathing and sleeping facilities shall be maintained for boys and girls in the age group of 5-10 years;
(ii) Separate children’s homes for boys and girls in the age group of 7-11 and 12-18 years.
(iii) Separate facilities for children in the age group of 0-5 years with appropriate facilities for infants.
(d) Shelter Home:
(1) Separate shelter homes for girls and boys;
(2) Separate shelter homes for girls above the age of 10 years and boys in the age groups of 11 to 15 and 16 to 18 years.
(3) The norms for building or accommodation for an institution with 50 juveniles or children shall be as under:
(i) 2 Dormitories – Each 1000 sq. ft. for 25 juveniles/children, i.e., 2000 sq. ft.
(ii) 2 classrooms – 300 sq. ft. for 25 juveniles/children, i.e., 600 sq. ft.
(iii) Sick room/First Aid Room – 75 sq. ft. per juvenile/children for 10, i.e., 750 sq. ft.
(iv) Kitchen – 250 sq. ft.
(v) Dining hall – 800 sq. ft.
(vi) Store – 250 sq. ft.
(vii) Recreation room – 300 sq. ft.
(viii) Library – 500 sq. ft.
(ix) 5 bathrooms – 25 sq. ft. each, i.e., 125 sq. ft.
(x) 8 toilets/latrines – 25 sq. ft. each, i.e., 200 sq. ft.
(xi) Office room and guidance – (a) 300 sq. ft. (b) Superintendent’s room 200 sq. ft.
(xii) Counselling room 120 sq. ft.
(xiii) Workshop – 1125 sq. ft. for 15 juveniles @ 75 sq. ft. per trainee
(xiv) Residence for superintendent – (a) 2 rooms of 250 sq. ft. each (b) kitchen 75 sq. ft. (c) bathroom-cum-toilet/latrine
(xv) 2 rooms for Juvenile Justice Board/Child Welfare Committee – 300 sq. ft. each, i.e., 600 sq. ft.
(xvi) Playground – Sufficient area according to the total number of Juveniles or Children;
(4) The Superintendent shall stay within the institution and be provided with quarters and in case he is not able to stay in the home for legitimate reasons (to be permitted by Director, Child Protection), any other senior staff member of the institution shall stay in the institution and be in a position to supervise the overall care of the children or juveniles and, take decisions in the case of any crisis and emergency.
(5) (i) The standards of accommodation as per the norms laid down in Rule 40(2) shall be observed to the extent possible and shall include a minimum of following facilities:
(a) Dormitory – 40 sq. ft. per juvenile or child
(b) Classroom 300 sq. ft. for 25 juveniles/children
(c) Workshop 75 sq. ft. per juvenile or child
(d) Playground Sufficient playground area shall be provided in every institution according to the total number of juveniles in institution
(ii) There shall be proper and smooth flooring for preventing accidents;
(iii) There shall be adequate lighting, ventilation, heating and cooling arrangements, safe drinking water and clean toilets, in terms of gender, age appropriateness and accessibility;
(iv) All institutions under the Act shall make provision of first aid kit, fire extinguishers in kitchen, dormitories, store rooms, counselling room, periodic review or electrical installations, proper storage and inspection of articles of foodstuffs, stand-by arrangements for water storage and emergency lighting.
(6) The observation homes and special homes shall be child friendly and in no way shall they look like a jail or lock-up.
