A Public Interest Litigation (PIL) was filed before the Gauhati High Court seeking a direction upon the authorities to conduct regular jail visits to check for lodging of children and to give a report on the same to the authorities concerned.
The petitioner submitted that as per Section 8(3)(m) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), the Juvenile Justice Boards in every district of Assam, are to conduct regular inspection of jails meant for adults, to check if any child is lodged in such jails and to take immediate measures for transfer of such a child to an observation home or a place of safety as the case may be. It was submitted that despite making enquiries regarding the number of children in jails, the petitioner was only given information for 12 districts.
A Division Bench of Justice Michael Zothankhuma and Justice Rajesh Mazumdar noted that there was already a statutory requirement provided for the petitioner’s prayer under Section 8(3)(m) of the JJ Act. Hence, the Court directed the JJ Boards of all districts to conduct a jail visit by 31-10-2026 to see if there was any child in the jail meant for adults. It was further directed that if any child is found, they should be sent to proper homes as per the JJ Act and that the JJ Boards shall send a report about the jail visit to the Secretary, District Legal Services Authority, who would thereafter, forward the same to the member Secretary of the Assam State Legal Services Authority.
The Court directed the JJ Boards of all districts to conduct regular jail visits preferably within every three months, and send a report of the same to the District Legal Services Authority Secretary. Thus, the PIL was disposed of.
