Critic Takeaways of Re Exploitation of children in orphanages in State of Tamil Nadu v. Union of India (2020)
- Children cannot be kept in jail or police custody, but must be placed in observation homes or places of safety.
- Bail is compulsory for juvenile offenders as per Section 12 of the Juvenile Justice Act, 2015.
- Children in conflict with the law must be handled by a special juvenile police unit or designated child welfare officer and presented before the Juvenile Justice Board within 24 hours.
- Juvenile Justice Boards must actively ensure that detained children are not kept in police custody or prisons and should proactively grant bail or place them in safe homes.
- Juvenile Justice Boards have a duty to intervene and address instances of children being improperly detained.
Facts of the case
In this case, the Supreme Court of India exercised suo moto cognizance when the knowledgeable amicus curiae brought to the court’s notice two specific cases and several complaints about the detention and mistreatment of minors in police custody in Delhi and Uttar Pradesh.
Judgment of the court
In this case, the Supreme Court ruled that it is impermissible to detain a kid in prison or police custody. Instead, the youngster should be placed in an observation house or a place of safety. The court also highlighted the mandatory need of bail for juvenile offenders, as specified in Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The Supreme Court further ruled that Section 10 of the Juvenile Justice Act states that when a kid accused of committing a crime is arrested by the police, they shall be handed over to the special juvenile police unit or the appointed child welfare officer. According to the Section, the authorities must promptly bring the kid before the Juvenile Justice Board within 24 hours after the child’s apprehension.
The court also criticized the Juvenile Justice Board for being passive and issuing orders only when a case is brought before them. The Juvenile Justice boards may also consider cases if the board becomes aware that a minor has been apprehended by the police or incarcerated. The main responsibility of JJ boards is to either give bail to juvenile criminals or put them in an observation home or a similar secure facility.
