Juvenile can't be kept in jail or police lock up, JJBs not to be silent spectators: SC

Juvenile Justice Boards are not meant to be "silent spectators", the Supreme Court has said while making it clear that a juvenile cannot be kept in jail or police lockup.

The apex court said all JJBs in the country must follow the "letter and spirit" of provisions of The Juvenile Justice (Care and Protection of Children) Act, 2015 and the law meant for protection of children "cannot be flouted by anybody, least of all the police".

A bench of Justices Deepak Gupta and Aniruddha Bose said this when its attention was drawn to two instances and certain allegations appearing in the media related to children being purportedly detained in police custody and being "tortured" in Delhi and Uttar Pradesh.

"The proviso to the section (of the Act) clearly lays down that a child alleged to be in conflict with law shall not be placed in a police lockup or lodged in a jail. Once a child is produced before a JJB, bail is the rule," the bench said.

"Even if bail is not granted, the child cannot be kept in jail or police lockup and has to be kept in an observation home or place of safety," the court said in its February 10 order.

The bench further said, "All JJBs in the country must follow the letter and spirit of the provisions of the Act. We make it clear that the JJBs are not meant to be silent spectators and pass orders only when a matter comes before them."
The bench directed the apex court registry to send a copy of its order to the registrar generals of all the high courts so that "the order is placed before the Juvenile Justice Committee of each high court which shall in turn ensure that the copy of this order is sent to the JJBs to ensure strict compliance of this order."
It said in case the juvenile's release is likely to bring him into "association with known criminals or expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice, then bail can be denied for reasons to be recorded in writing."