REPRESENTAION TO NHRC FOR RELEASE OF JUVENILE LODGED IN JAILS AND PAYMENT OF COMPENSATION TO THEM
Date : 02-12-2009
The Forum had made a representation to the National Human Rights Commission against lodging of juveniles in jails. Pursuant thereto NHRC issued notice on 24.8.2006 to the Inspector Generals of Prisons of all the States/Union Territories to carry out necessary survey to ascertain whether any persons below the age of 18 years is detained in any of the jails within their respective jurisdiction.
As per reports received by NHRC large number of juveniles were lodged in jails in various States - in the States of Uttar Pradesh (237), Jammu & Kashmir (1), Tripura (11), Nagaland (8) has Juveniles detained in various jails. In Assam, there were 93 Juvenile in Jails of whom 77 have been sent to Observation Homes and 18 released on bail. (This was pursuant to a judicial order passed by Gauhati High Court on a representation made by Legal Assistance Forum which was treated as PIL). Lodging of Juvenile in jails is a direct violation of proviso to section 10 of Juvenile Justice Act (Care and Protection of Children) Act, 2000.
Accordingly, LAF has made a representation dated 2.12.2009 requesting that NHRC may direct that all these Juveniles be immediately released from the jails and sent to Observation Homes and State Government to award suitable compensation to the Juvenile lodged in jails depending on the period spent by each one of them in jails.