Gauhati HC Directs Juvenile Justice Boards to Inspect Jails for Children Every Three Months

STAFF REPORTER

Guwahati: In an important development, the Gauhati High Court has directed Juvenile Justice Boards (JJBs) of all districts to conduct a jail visit by October 31 to see if there is any child in the jail meant for adults.

Hearing on a public interest litigation (PIL) filed by Smt Nandinee Das, a division bench of Justice Michael Zothankhuma and Justice Rajesh Mazumdar ruled that if any children are identified in the adult jails, they should be sent to their proper homes, as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

They said JJB of each district shall send a report with regard to the jail visit to be conducted in October to the District Legal Services Authority (DLSA) secretary, who shall thereafter forward the same to the Assam State Legal Services Authority (ASLSA) member secretary.

Ruling that JJB of each district should accordingly conduct regular jail visits in terms of Section 8(3)(m) of the 2015 Act and preferably within every three months thereafter, the division bench directed that they should thereafter send a report of the same to the DLSA secretary concerned.

Earlier, petitioner's counsel S Dey submitted before the court that in terms of Section 8(3)(m) of the Juvenile Justice (Care and Protection of Children) Act, 2015, JJBs in every district of Assam are to conduct regular inspection of jails meant for adults, to check if any child is lodged in such jails.

They are also required to take immediate measures for transfer of such a child to an observation home or a place of safety, as the case may be.

He submitted that despite the petitioner having made enquiries with regard to the number of children in jails, the petitioner has been given information only with regard to 12 districts.

He accordingly prayed that a direction should be issued to the authorities to conduct regular jail visits and to give a report on the same to the authorities concerned.

Government advocate for Assam S Baruah submitted before the court that if a direction is issued to the state and JJBs to conduct regular jail visits and make a report with regard to the same, this will be done by the authorities concerned.

Considering the prayer made by the petitioner, the judges said they were of the view that the matter need not detain them any longer, in as much as, the statutory requirement is provided under Section 8(3)(m) of the Juvenile Justice (Care and Protection of Children) Act, 2015 to conduct regular jail visits by JJBs.

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