The report summarizes the findings and recommendations of the Asian Centre for Human Rights investigation of the recent allegations of abuse against ten youth residents of the Government Observation Home, Special Home and Children’s Home (Combined) for Boys at Berhampur under Ganjam District of Orissa, India. The testimonies/interviews suggest youth are subjected to routine acts of torture and sexual violence by both the staff and adult inmates. Findings indicate overcrowding, poor maintenance and inadequate access to food, sanitation and hygiene. There are 40 beds and 1 toilet for 88 juveniles, a number that at times rises to as high as 150 youth. Children are deprived of access to medical care and education and recreational opportunities. Youth are placed in care at the facility for a range of reasons – lack of access to parental care, conflict with the law, abandonment. All youth, regardless of reason for entry, are cared for en masse without separation of youth in conflict with the law.
The findings demonstrate that the State of Orissa has wholly failed in its obligations under the Juvenile Justice (Care and Protection of Children) Act, 2000, the UN Convention on the Rights of the Child and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The youth currently detained, and particularly those who tried to escape from the Observation Home remain at imminent risk of almost certain abuse and torture.