(Representative image)All laws are meant to benefit the society. However, some laws - amended with good intentions - often work the opposite way. That is what happened when laws concerning juveniles were amended in Kerala.
As per law, juveniles who need protection and discipline have been categorized under various sections - the ones who took to crime because of peculiar conditions, those who have been accused of crime and the ones who have none to take care of them.
As per norms, children are not considered as orphans even if their parents are not ready to take care of them. To develop character and instil confidence in such children, there are many orphanages operating in the state. The role of these organizations in preventing such children from slipping into the hands of various mafias is commendable. Even children of workers from outside the state now study in these institutions.
Modified norms would require such organizations to register with the government. All such organizations exist with help from the government and donors. New rules would require such organizations to provide more facilities, which they might not be able to.
As per new rules, male and female kids have to be housed as per their age in separate quarters. The age groups are 5-11, 12-16 and 17-18. 25 children have to be given two dormitories of 1000 sq ft each. They should also be given two class rooms of 300 sq ft each in addition to 10 clinics of 75 sq ft each, kitchen of 250 sq ft each, dining hall of 800 sq ft, store (250 sq ft), entertainment room (300 sq ft), library, five wash rooms of 25 sq ft each and so on. Taking into account all facilities, including superintendent’s room and quarters, a total area of 7120 sq ft would be required to house 25 children. Other mandatory facilities include playgrounds, farms and so on.
Rules regarding education and qualification of workers are also strict. The superintendent should have a Master's degree in social science or psychology. Other staff would include an assistant who is similarly qualified, councillors and so on. In total, 40 employees have to be hired for 100 children.
Organizations that depend on charity cannot afford such norms. At the same time, it would not be correct to say that organizations in this field are not offering standard facilities to children.
The state has 1200 ‘Bal Bhavans’ that operate as orphanages. About 10,000 kids are living in these organizations. When norms become tougher, many institutions would be forced to remove some kids or else they would lose their status as orphanages. This would lead to mass closures.
The new law could push children into a mess if corrections are not made immediately.
(The author is a chartered accountant in Kochi)
