Asian Centre for Human Rights

Subject: Complaint against the inhumane and degrading treatment of juvenile detainee, 9 years old Puli Shiva while being produced before a court in Balasore, Orissa.

Dear Justice Anand,

I am writing to seek your personal intervention against inhumane and degrading treatment meted out to 9 years old juvenile detainee, Master Puli Shiva while being produced before a court at Balasore, Orissa on 16 March 2003.

Master Puli Shiva is a resident of Nejipelli village under Berhampur police station of the Balasore district of Orissa. On 16 March 2003, Puli Shiva was trying to steal some money by breaking the box attached to the motorcycle of one Akshaya Behera, an LIC agent. Seeing this, some people present on the spot tried to catch hold of him. But Puli by throwing the moneybag on the ground ran away. The police managed to catch and produced him before the court.

It was while being taken to the court that Master Puli Shiva was meted out inhuman and degrading treatment. He was tied with a rope around his waist like a hard-core criminal and made to walk bare foot. A correspondent of the Oriya daily, Dhairitri was a witness and reported the incident. Dharitri further reported that the inhuman and degrading treatment meted out to young boy has created condemnation in the area.

The inhuman and degrading treatment meted out to 9 years old, Puli Shiva violates the provisions of the Juvenile Justice (Care and Protection of Children), 2000 and numerous Supreme Court judgements on the issue. It also violates internationally accepted standards on the treatment of the juvenile delinquents.

Rule 10.3 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules") states that "Contacts between the law enforcement agencies and a juvenile offender shall be managed in such a way as to respect the legal status of the juvenile, promote the well-being of the juvenile and avoid harm to her or him, with due regard to the circumstances of the case".

While interpreting the Rule 10.3, the United Nations states:

"Rule 10.3 deals with some fundamental aspects of the procedures and behaviour on the part of the police and other law enforcement officials in cases of juvenile crime. To "avoid harm" admittedly is flexible wording and covers many features of possible interaction (for example the use of harsh language, physical violence or exposure to the environment). Involvement in juvenile justice processes in itself can be "harmful" to juveniles; the term "avoid harm" should be broadly interpreted, therefore, as doing the least harm possible to the juvenile in the first instance, as well as any additional or undue harm. This is especially important in the initial contact with law enforcement agencies, which might profoundly influence the juvenile's attitude towards the State and society. Moreover, the success of any further intervention is largely dependent on such initial contacts. Compassion and kind firmness are important in these situations."

India is also a ratifying party to the United Nations Convention on the Rights of the Child (CRC). Article 37 of the CRC makes it binding on the States to ensure that:

(a) "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner, which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action."

It is essential that NHRC upholds India's obligation by recommending exemplary punishment to ensure that society at large does not witness such inhuman and degrading treatment of the juvenile.

I shall be grateful if you could personally intervene against such inhumane and degrading treatment meted out to this young boy by taking following measures:

1. Direct the State government of Orissa to order an inquiry into the incident and report to the NHRC within four weeks to enable the NHRC to recommend exemplary punishment to the guilty police personnel for such inhuman and degrading treatment;

2. Direct the State government of Orissa to pay exemplary compensation, which the NHRC deems adequate, to Master Puli Shiva for such inhuman and degrading treatment and that the same be recovered from the concerned police personnel; and

3. Take any other measures that the NHRC deems fit.

With kind regards,

Yours sincerely

Suhas Chakma
Director