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NHRC NOTICE TO INSPECTOR GENERAL OF PRISONS REGARDING ILLEGAL DETENTION OF JUVENILE IN JAIL
Date : 24-08-2006
Members of the Forum, while visiting jails, came across several cases of apparent minors at Jorhat and Nagaon Central Jails. According to provisions of section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 none below the age of 18 years can be kept in the jails. It was unfortunate and disturbing to find that not one or two but several such cases of apparently minors being kept in the jails for several years in total violation of law and their basic human rights despite several stringent legal provisions to safeguard minors’ rights in such cases. It is manifested that every authority entrusted with these duties have forgotten the fact that if children are kept in the company of hardcore criminals they will only come out as bigger criminals instead of being reformed to be good citizens. These facts were brought to the notice of Hon’ble Justice A H Saikia of Gauhati High Court, who was present at the Lok Adalats, and to the respective District Judges who have taken note of the same, who have assured to take appropriate steps in the matter.

The Forum has sent representations to the National Human Rights Commission, Assam Human Rights Commission to take action in the following manner:
  1. All officers including the police officers, prisons officers as well as Judicial Magistrates to verify the age of every person arrested/produced before sending them to jails. In doubtful cases, medical test may be carried out to verify the correct age.
  2. A thorough survey may be carried out in all the jails in Assam under the supervision of judicial officers so that no person below the age of 18 years is lodged in the jail. If any child/juvenile is found in the jail, such person may be immediately sent to the Juvenile Observation Home or handed over to their parents under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000.
  3. In cases of apparent minors being kept in jails, necessary action may be initiated against the person responsible for detaining such apparent child/juvenile in the jail.
National Human Rights Commission has taken cognizance of the complaint and issued notice on 24.8.2006 to the Inspector Generals of Prisons of all the States/Union Territories to carry out necessary survey to ascertain whether any persons below the age of 18 years is detained in any of the jails within their respective jurisdiction. The Commission has directed all the Inspector Generals of Prisons that if any juvenile is found in any jail, remedial action be taken and report the Commission.


To

The National Human Rights Commission
Copernicus Marg,
New Delhi-110001

Subject : Illegal lodgment of Children/Juvenile in Central Jails of Assam

Sir/Madam,

Legal Assistance Forum, Delhi, an NGO working in the field of legal assistance to the underprivileged sections of the society, has made a week long programme in the State of Assam from 19th to 24th June 2006. During the programme, the Forum in association with the Assam Legal Services Authority organized three Lok Adalats in the Central Jails of Jorhat, Tezpur and Naogaon on 20th , 22nd and 23rd June 2006 respectively. The Lok Adalats were conducted in the presence of Hon’ble Justice P.G.Agarwal, and Hon’ble Justice A.H.Saikia, sitting Judges of the Hon’ble Gauhati High Court. 49 cases were settled in these Lok Adalatas. Apart from the Lok Adalats the Forum Members also visited the LGBR Institute of Mental Health, Tezpur and Juvenile Observation Home, Jorhat.

During the holding of Lok Adalat at Jorhat and Nagaon Central Jails, Members of the Forum came across several cases of apparently minors being lodged in the Jails along with hardened criminals though according section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 none below the age of 18 years can be kept in the jails. Names of such children/juvenile came to the notice of the members of the Forum were immediately brought to the notice of the respective District and Sessions Judges who were also present in Lok Adalat.

It appears that the Learned District and Sessions Judges took appropriate action to ascertain their correct age and many such inmates having been founds in juvenile have been sent to Juvenile Observation Home. However the names given by the Forum is not exhaustive and many more children/juvenile may be lodged in these jails and also in other jails in the State. The Learned District Judge, Nagaon vide reported dated 26.6.2006 and 21.7.2006 submitted to the Gauhati High Court has found that at least five persons below 18 years of age were found to have been lodged in the Central Jail, Nagaon on the basis of medical (ossification) test and these persons were subsequently produced before Juvenile Court. Report is enclosed.

It is unfortunate and disturbing to find that several such cases of apparently minors being kept in the jails for several years in total violation of law and their basic human rights. It is manifest that every authority entrusted with the duty of enforcing provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 and safeguarding human rights of children have forgotten the fact that if children are kept in the company of hardcore criminals they will only come out as bigger criminals instead of being reformed to be good citizens. It is also quite possible that such is the position not only in the State of Assam but in other States of country as well.

It is requested that this Hon’ble Commission may take cognizance of the issue at the National level and appropriate direction may be issued to the following effect:
  1. all officers including the police officers, prisons officers as well as Judicial Magistrates to verify the age of every person arrested/produced before sending them to jails. In doubtful cases, medical test may be carried out to verify the correct age.
  2. a thorough survey may be carried out in all the jails under the supervision of judicial officers so that no person below the age of 18 years is lodged in the jail. If any child/juvenile is found in the jail, such person may be immediately sent to the Juvenile Observation Home or handed over to their parents under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000.
  3. In cases of apparent minors being kept in jails, necessary action may be initiated against the person responsible for detaining such apparent child/juvenile in the jail.
Our Forum would be willing to render any assistance required in this regard.

Thanking You

Yours faithfully
For Legal Assistance Forum

[VIJAY HANSARIA]
President

Copy to:
The Hon’ble Chairman
Assam Human Rights Commission
Bhangaghar
GUWAHATI-781005
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