HC asks Delhi govt to furnish number of juveniles landed in adult jails in 5 years
Dec 21, 2021
New Delhi [India], December 21 : The Delhi High Court has asked the Delhi government to furnish the number of juveniles, who were transferred from adult jails to juvenile justice homes or child care institutions in the last five years "to better understand the systemic flaws" that lead to "delinquent children/juveniles ending-up in adult jails."
The Court said, "On another note, in order to better understand the systemic flaws that lead to delinquent children/juveniles ending-up in adult jails, to begin with, we direct the Government of NCT of Delhi to furnish to this court, the number of children/juveniles, who were transferred from adult jails to juvenile justice homes/child care institutions in the last 5 years, with the details of the numbers found in Tihar, Rohini and Mandoli jails respectively; along with the date they were admitted and the date on which they were transferred from adult jails to juvenile justice homes/child care institutions; as also the offences with which they were charged."
A Division Bench of Justices Siddharth Mridul and Anup Jairam Bhambhani said that let this information be filed before the next date of hearing January 21, 2022.
When the Court was informed about seven District Child Protection Officers (DCPOs) are lying vacant, the Court directed to appoint seven additional DCPOs for the remaining districts, within six weeks.
The bench also directed that a compilation/directory be created by the Government of NCT of Delhi in co-operation with the DCPCR and the DSLSA, containing a list, complete with name, address and other particulars of all institutions/facilities offering informal education and vocational training, whether governmental or non-governmental, in Delhi; and such directory be provided to all JJBs, to facilitate the JJBs in issuing necessary directions to the most appropriate
institution/facility to provide informal education and vocational training to delinquent children housed in child care institutions in Delhi.
The Delhi High Court was hearing a petition initiated by its own relating to juveniles.
Overlong pendency of a sizeable number of cases relating to 'petty offences' committed by juvenile delinquents, which are in fact required to 'stand terminated' as per section 14 of the JJ Act was one among others issues raised in the matter.
The Delhi High court has earlier ordered the Juvenile Justice Board (JJB) to terminate all inquiries, alleging petty offences against juveniles, which are pending and remains inconclusive for longer than one year, with immediate effect.
In compliance with the order, the Delhi Government has, under Index dated December 13, 2021, filed a report dated 'nil' received from the Principal Magistrate, JJB-II, Delhi Gate confirming that the number of cases pertaining to petty offences, which were earlier pending for between six months and one year before JJB-II, have since all been disposed of and as on December 10, 2021, the pendency of such cases is 'nil'.
It has been further clarified that of the 19 cases of petty offences that were pending as on October 26, 2021, 18 cases have been disposed of, while the remaining one case was found to pertain to an offence under section 307 of the Indian Penal Code (IPC), which is a serious offence, and only that case remains pending.
The Delhi government further confirmed that in 91 out of 96 cases that were terminated pursuant to order dated 29.09.2021 of this court, Individual Care Plans (ICPs) have been called in 91 matters; and Probation Officers have filed requisite reports in some cases and given intimation in others.
Delhi Commission for Protection of Child Rights (DCPCR) had brought to the attention of the court that as of June 30 2021 some 795 cases pertaining to petty offences committed by juveniles are pending before the six Juvenile Justice Board in Delhi for a period between six months and one year; and some 1108 such cases are pending for more than a year.
According to the DCPCR, some 1,903 petty cases are pending which as per section 14 of the JJ Act should stand terminated.
