From: ACHR REVIEW <email@example.com>
Date: Wed, Oct 6, 2010 at 6:23 PM
Subject: Orissa: Juveniles fleeing from torture and abuse
Asian Centre for Human Rights
[ACHR has Special Consultative Status with the UN ECOSOC]
C-3/441-C, Janakpuri, New Delhi-110058, India
Tel/Fax: +91-11- 45501889 25620583
Website: www.achrweb.org; Email: firstname.lastname@example.org
Embargoed for: 6 October 2010
The Asian Centre for Human Rights (ACHR) has the pleasure to share its
latest report, "Orissa: Juveniles fleeing from torture and abuse" released
today. The full report is available at:
The report was prepared based on a fact-finding mission to the Berhampur
Observation Home in Ganjam district of Orissa, India from 29 September to
1 October 2010 after the escape of ten juveniles on the intervening night
of 21-22 September 2010.
The report stated that "juveniles in the Berhampur Observation Home in
Orissa are routinely subjected to violence that constitutes torture and
other forms of ill treatment while younger ones, are routinely subjected
to sexual abuse both by the staff and adult inmates".
The fact-finding report also found that there were at least three adults
including one Mr Dora Nayak, 32 years staying at the Berhampur Observation
Home, thereby increasing the risks of abuse against the juveniles.
Further, different classifications of juveniles - juveniles in conflict
with law, orphans and/or abandoned children - live together in the
Observation Home. "Criminal contamination" has been completely
The conditions in the Observation Home are deplorable. There are only one
toilet, two bathrooms and 40 poorly maintained beds for 88 juveniles
living currently in the Home. Sometimes, the number of juveniles increases
upto 150 and they have to live with extremely low hygiene standards that
place the minors at risk of disease. The doctor seldom visits the
A First Information Report (No. 155, dated 22/09/2010) was registered at
Baidyanathpur Police Station against the escaped juveniles to make a
lesson out of this incident for other inmates.
In its report, the Asian Centre for Human Rights stated that the State of
Orissa failed to implement the Juvenile Justice (Care and Protection of
Children) Act, 2000. No inspection of the Observation Homes takes place
and therefore, adults continue to stay in the Observation Home.
On 1 October 2010, the ACHR filed a complaint with the National Commission
for Protection of Child Rights (NCPCR) with the request to consider its
findings at the Berhampur Observation Home as an emblematic case of
failure of the administration of juvenile justice in Orissa. The ACHR also
requested the NCPCR to send its investigation team to urgently investigate
alleged torture and sexual assault/ harassment of the inmates at Berhampur
Observation Home, take appropriate actions and address the imminent risk
of almost certain abuse and torture faced by the juveniles who were
captured after their escape.
The ACHR further recommended to review the FIR filed against the escaped
juveniles especially considering the fact that at least six of the escaped
juveniles had no case pending against them and they were staying in the
Observation Home as abandoned/orphaned children; order an investigation as
to how adults are being kept at the Berhampur Observation Home and remove
them with immediate effect; separate different categories of juveniles in
order to reduce "criminal contamination" as identified under the Beijing
Rules and provide facilities for bed, nutritious food, drinking water,
toilets, bathrooms etc as per the Orissa Juvenile Justice Rules 2002 and
educational facilities as per the Right to Education Act, 2010.
We thought you would find the report of interest.
With kind regards,