NHRC notice to all States and UTs: inform the process used by them to ascertain the age of accused juveniles
PRESS RELEASE
New Delhi, 25th October, 2013
The National Human Rights Commission has issued notices to the Chief Secretaries of all States and Administrators of Union Territories asking them to inform, within four weeks, whether due process of law, as laid down in the Juvenile Justice (Care and Protection of Children) Act, was followed to ascertain the age of juveniles in conflict with law, lodged whether in regular jails or Juvenile Homes.
The Commission took suo-motu cognizance of the issue after it was brought to its notice by Dr. Yogesh Dubey, Member, National Commission for Protection of Child Rights that during his visit to the Agra District Jail, 38 juvenile inmates claimed that they were below the age of 18 years on the date of offence for which they were accused. Seeking the NHRC's intervention in the matter, he also said that several juvenile were languishing in Chandigarh, Amritsar, Jaipur, Moradabad, Dhanbad and Lucknow prisons.
The Commission, in its notice, has observed that the right to determine the age of a juvenile, implicated in a criminal case, is ensured by the Constitution. The process of determination of age of a child is vested in the Court or Juvenile Justice Board or, as the case may be, the Committee, as per the Rule 12 of the Rules, 2007 of the Juvenile Justice (Care and Protection of Children) Act.
It clearly states that the JJ Committee will decide, within 30 days, after an application is submitted to it for determining the age of a juvenile or a child or a juvenile in conflict with law, prima-facie on the basis of physical appearance or documents like the matriculation or equivalent certificate or birth certificate by school other than a play school or the birth certificate given by a Corporation or a Municipal Authority or a Panchayat and, only in the absence of these three options, the medical opinion will be sought from a duly constituted Medical Board to decide the age of a child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year.
The determination of the age of a child by the Investigation Officer, particularly in the absence of any of the documents or the proof enumerated under Rule 12 (3), is not recognized in law, and the same cannot be the basis for the juvenile to be dealt under law. Therefore, a due process of law, as laid down, needs to be strictly followed.
The Commission has also observed that the Magistrate concerned, also cannot act on the determination of the age by the Investigating Officer alone and send such juvenile or a child in conflict with law to a regular prison instead of a Juvenile Home. If the determination of age by the Investigating Officer is accepted as final, it would amount to serious violation of human rights of a child.
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New Delhi, 25th October, 2013
The National Human Rights Commission has issued notices to the Chief Secretaries of all States and Administrators of Union Territories asking them to inform, within four weeks, whether due process of law, as laid down in the Juvenile Justice (Care and Protection of Children) Act, was followed to ascertain the age of juveniles in conflict with law, lodged whether in regular jails or Juvenile Homes.
The Commission took suo-motu cognizance of the issue after it was brought to its notice by Dr. Yogesh Dubey, Member, National Commission for Protection of Child Rights that during his visit to the Agra District Jail, 38 juvenile inmates claimed that they were below the age of 18 years on the date of offence for which they were accused. Seeking the NHRC's intervention in the matter, he also said that several juvenile were languishing in Chandigarh, Amritsar, Jaipur, Moradabad, Dhanbad and Lucknow prisons.
The Commission, in its notice, has observed that the right to determine the age of a juvenile, implicated in a criminal case, is ensured by the Constitution. The process of determination of age of a child is vested in the Court or Juvenile Justice Board or, as the case may be, the Committee, as per the Rule 12 of the Rules, 2007 of the Juvenile Justice (Care and Protection of Children) Act.
It clearly states that the JJ Committee will decide, within 30 days, after an application is submitted to it for determining the age of a juvenile or a child or a juvenile in conflict with law, prima-facie on the basis of physical appearance or documents like the matriculation or equivalent certificate or birth certificate by school other than a play school or the birth certificate given by a Corporation or a Municipal Authority or a Panchayat and, only in the absence of these three options, the medical opinion will be sought from a duly constituted Medical Board to decide the age of a child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year.
The determination of the age of a child by the Investigation Officer, particularly in the absence of any of the documents or the proof enumerated under Rule 12 (3), is not recognized in law, and the same cannot be the basis for the juvenile to be dealt under law. Therefore, a due process of law, as laid down, needs to be strictly followed.
The Commission has also observed that the Magistrate concerned, also cannot act on the determination of the age by the Investigating Officer alone and send such juvenile or a child in conflict with law to a regular prison instead of a Juvenile Home. If the determination of age by the Investigating Officer is accepted as final, it would amount to serious violation of human rights of a child.
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