Feb 13,2020: The Supreme Court on Wednesday said juveniles cannot be kept in jails or police lockups and juvenile justice boards (JJBs) should not be “silent spectators”.
The comments came from a Bench headed by Justice Deepak Gupta after its attention was drawn to allegations about children being allegedly detained in police custody and being “tortured” in Delhi and Uttar Pradesh.
It said the Centre and the National Commission for Protection of Child Rights (NCPCR) may also to look into the issue and submit a report before it.
The top court – which had earlier issued a set of directions — including setting up of a data base of children living in orphanages and child care institutions to ensure their safety and welfare — said all JJBs must follow the “letter and spirit” of provisions of the Juvenile Justice (Care and Protection Children) Act, 2015 and the law meant for protection of children cannot be flouted by anybody, least of all the police.
“The proviso to the section (of the Act) clearly lays down that a child alleged to be in conflict with law shall not be placed in a police lockup or lodged in a jail. Once a child is produced before a JJB, bail is the rule,” the Bench said.
“Even if bail is not granted, the child cannot be kept in jail or police lockup and has to be kept in an observation home or place of safety,” the court said.
The Bench further said, “All JJBs in the country must follow the letter and spirit of the provisions of the Act. We make it clear that the JJBs are not meant to be silent spectators and pass orders only when a matter comes before them.” The bench said JJBs could take note of factual situation if it comes to its knowledge that a child has been detained in prison or police lockup.
Issuing notices to the Uttar Pradesh State Commission for Protection of Child Rights and Delhi Commission for Protection of Child Rights on the issue, the court has asked them to file their responses in three weeks.
