Members of the Forum, while visiting jails of Assam in June, 2006, 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 Chief Justice Gauhati High Court and Chief Secretary, Assam to take action in the following manner: -
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.
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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.
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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.
Gauhati High Court has treated the complaint made by the Forum as a Public Interest Litigation (W.P.(C) NO. 4182/06) and passed an order on 29.8.2006 directing all the Chief Judicial Magistrates in the State of Assam to visit the District Jails and Central Jails located under their respective jurisdiction and submit a comprehensive report to the court as regards the lodging of minors in the jails alongwith other convicted persons contrary to section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The High Court has also directed that if the Magistrates are not in a position to determine the age by looking at the concerned minors, they may arrange ossification test and take the medical assistance in the matter. Persuant to this order about 100 juveniles were found in the jails who have been either released on bail or sent to Juvenile Observation Homes. The High Court finally by order dated February, 2007 (Order as per link) disposed off the writ petition.
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