The Allahabad High Court recently issued a habeas corpus for a boy who has been jailed since 2017, emphasizing that detention without determining the age of a juvenile violates Article 21 of the Indian Constitution. These ruling highlights the importance of upholding the rights of juveniles in conflict with the law.
Key Aspects of Juvenile Justice:
Right to Bail: Juveniles are entitled to bail as a matter of right, regardless of the severity of the offense, under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Rehabilitation over Punishment: The Juvenile Justice Act prioritizes rehabilitation and reintegration of juveniles into society over punitive measures.
Determination of Age: The age of a juvenile is determined through a specific procedure outlined in the Act, and any detention without this determination can be considered a violation of their rights.
Consequences of Illegal Detention:
Violation of Fundamental Rights: Detention without proper age determination can lead to a violation of a juvenile’s fundamental rights under Article 21 of the Constitution.
Compensation: In cases of illegal detention, compensation can be claimed through a writ petition filed under Article 226 of the Constitution, as per the Allahabad High Court’s ruling in Shiv Kumar Verma & Another vs. State of U.P. & Others.
Importance of Protecting Juvenile Rights:
Reintegration into Society: The Juvenile Justice Act aims to provide a child-friendly justice system that focuses on rehabilitation and reintegration of juveniles into society.
Prevention of Trauma: Keeping juveniles in specialized facilities like Observation Homes or Special Homes, rather than jails or police custody, is crucial to prevent trauma and ensure their development.
The Allahabad High Court’s recent ruling on juvenile detention emphasizes the importance of upholding the rights of juveniles in conflict with the law. The court’s decision highlights that detention without determining the age of a juvenile violates Article 21 of the Indian Constitution. This judgment reinforces the need for proper age determination and adherence to the Juvenile Justice Act, ensuring that juveniles receive fair treatment and rehabilitation rather than punishment. Ultimately, this ruling will help protect the rights and futures of juveniles in India.
