Child Rights body moves plea in Delhi HC challenging constitutional validity of clauses of JJ Rules related to social investigation report
Jan 11, 2023
New Delhi [India], January 11 : The Delhi Commission for Protection of Child Rights (DCPCR) has moved a petition in Delhi High Court challenging the constitutional validity of clauses related to the social background report and social investigation report of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
It is said these clauses are violative of Articles 14, 20 and 21 of the Constitution of India. As these clauses authorise extracting a confession from the child. It amounts to testimonial compulsion as they compel a
child to be a witness against himself and criminate himself.
The petition is likely to be heard on January 13.
Petition moved through Advocate RHA Sikander has challenged the constitutional validity of Clauses 21 and 24 of Form 1 (Social Background Report) and Clauses 42 and 43 of Form 6 (Social Investigation Report for Children in Conflict with Law) of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
It is stated that as per Clauses 21 and 24 of Form 1 (Social Background Report), the Child Welfare Police Officer is required to note the reason for the alleged offence and the alleged role of the child in the offence.
As per Clauses 42 and 43 of Form 6 (Social Investigation Report for Children in Conflict with Law), the Probation Officer/Child Welfare Officer/ Social Worker is required to note the alleged role of the child in the offence and the reason for the alleged offence, respectively.
The petition submitted that these Clauses of Forms 1 and 6 of the JJ Model Rules, 2016 thus, authorise extracting a confession from the child in violation of Article 20(3) of the Constitution of India.
The child rights body has made the central government, ministry of law and justice and Delhi Government as parties to the petition.
It is submitted that these Clauses cannot be allowed to remain in the form on the grounds stated in the present Writ Petition.
These are liable to be struck down and declared unconstitutional on the ground including that the Forms are antithetical to the right against self-incrimination guaranteed under Article 20(3) of the Constitution of India
and amount to testimonial compulsion as they compel a child to be a witness against himself and criminate himself, the petition submitted.
The petition has prayed for a direction to declare these as unconstitutional and void being ultra vires the Articles 14, 20 and 21 of the Constitution of India.
