The Supreme Court of India, while delivering an important decision, said that minor criminals cannot be kept in jail or police lockup. The apex court also clarified that the Juvenile Justice Board (JJB) should not mean 'mute spectator'. The Supreme Court said in an order on Monday that all the JJBs in the country should follow the 'letter spirit' of the provisions in the Juvenile Justice (Care and Protection of Children) Act, 2015. It also said that no one can make fun of the law for the protection of children, at least the police cannot do it at all.
A division bench of Justice Deepak Gupta and Justice Anirudh Bose said this during the ongoing hearing on the issue of alleged exploitation of children in orphanages when two such incidents were allegedly carried out in Uttar Pradesh and Delhi. In recent days, many allegations of 'torture' by keeping them in police custody were brought back to the attention of the media.
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While pronouncing its decision, the bench further said that the provisions of the Juvenile Justice Act have made it very clear that a child allegedly violating the law will not be kept in police custody or jail. The rule is to grant immediate bail as soon as a child is presented before the JJB. The bench said, even if bail is not granted, the child cannot be kept in jail or police custody. It will have to be kept in a monitoring home or a safe place. "We make it clear that the JJB has not been formed to remain a mute spectator and to pass an order only when the matter comes to its disposal," said Peeth. In cognizance, if it comes to the detention of a child in jail or police custody, then he can take action on it.
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