The main legal point established in the judgment is the need for segregation of observation home, special home, and place of safety within the same building, and the implementation of measures for improving the administration and security of juvenile homes.

JUDGMENT

1. An incident of vandalism in juvenile detention centre at Majnu Ka Tila was reported on 08.08.2013. Members of the Juvenile Justice Committee visited Majnu ka Tila complex on 10.08.2013. It was reported that the inmates set fire inside the home by burning blankets. A couple of cars which were parked outside were also damaged. The report indicated that the inmates accused the administration of treating them badly and not providing them food on time.

2. Juvenile Justice Committee of this Court met on 12.08.2013 to consider the report given by the Members of the Juvenile Justice Committee on 10.08.2013 and the Juvenile Justice Committee of this Court was of the view that the matter be placed before the Acting Chief Justice of this Court for appropriate directions of enquiring into the incident and also for suggesting remedial measures. An Amicus Curiae was appointed in the matter.

3. On 21.08.2013, this Court after hearing the learned Amicus Curiae, learned Standing Counsel for the Department of Women and Child Development and other Counsels found that the juvenile centres at Majnu Ka Tila houses an observation home, special home and a place of safety within the same building. This Court found that the observation home is primarily meant for receiving juveniles in conflict of law and during the pendency of the enquiry under the Juvenile Justice (Care & Protection of Children) Act, 2000, and this Court was of the opinion that the observation home, special home and the place of safety are to be separated and are to be segregated since the purpose behind placing juveniles in each of these places is different and distinct.

4. There was another report dated 30.08.2013 from Sewa Kutir complex in Kingsway Camp, Delhi with regard to the escape of certain juveniles from the Sewa Kutir complex. It was found that due to lack of standard operating procedure as well as multiplicity of authorities such as National Commission for Protection of Child Rights (NCPCR), Delhi Commission for Protection of Child Rights (DCPCR), Supervision Committee, Juvenile Justice Board Committee, NGOs and social activists, etc. the department has not been able to control the incidents of violence. It was also pointed out that multiple authorities have undermined the status as well as the power of the Officer- in-Charge of the observation homes as they have frequently interfered with the administration of the observation homes.

5. The matter was listed from time to time for suggesting ways and measures to improve the administration of the various juvenile homes in the city. This Court in the present suo motu petition also dealt with filling up of vacancies of the staff in the various juvenile homes in the city. It was informed to this Court that a standard operating procedure to deal with normal and emergent situations was exclusively discussed and recorded in the form of draft suggested rules.

6. Certain measures were also suggested for amending the Delhi Juvenile Justice Rules. This Court vide Order dated 14.02.2014, observed that till the Delhi Juvenile Justice Rules are amended and notified, the officer in charge shall ensure that appropriate security measures are adopted at all times and that there shall be sufficient number of guards at all times in different shifts to be posted at the points to be identified by the Officer-in- Charge, in consultation with the In-Charge of the security department. This Court suggested the following measures:-

"The Officer-in-Charge shall ensure that appropriate security measures are employed at all times, including the following:

1. There shall be sufficient number of guards at all the times in different shifts to be posted at the points to be identified by the Officer-in-charge in consultation with Incharge Security and the Department.

2. The dormitories shall be guarded from inside by the house representative at the time of night, who shall ensure discipline inside the dormitories amongst his house.

3. Any ch