Gauhati High Court Directs Juvenile Justice Boards Across Assam To Inspect Adult Jails For Children, Shift Them To Appropriate Homes

The Gauhati High Court has directed the Juvenile Justice Boards of all districts in Assam to conduct regular inspections of prisons and identify any children who have been lodged in prisons. 

The bench of Justice Michael Zothankhuma and Justice Rajesh Mazumdar has directed the JJBs to identify such children and send them to proper homes as per the provisions of teh Juvenile Justice Act. The court has also directed the boards to send a report with regard to the jail visit to the Secretary, District Legal Services Authority, who shall thereafter forward the same to the Member Secretary of the Assam State Legal Services Authority. 

"We accordingly direct the Juvenile Justice Boards of all the districts to conduct a jail visit by 31.10.2026, to see if there is any child in the jail meant for adults. If any children are identified in the adult jails, they should be sent to the proper homes, as per the provisions of the 2015 Act. The Juvenile Justice Boards of each district shall send a report with regard to the jail visit to be conducted in the month of October, 2026 to the Secretary, District Legal Services Authority, who shall thereafter forward the same to the Member Secretary of the Assam State Legal Services Authority," the court said.

The court also directed the Boards to conduct regular jail visits, once every 3 months, and to submit a report relating to the same to the District Legal Services Authority. 

"The Juvenile Justice Boards of each district should accordingly conduct regular jail visits in terms of Section 8(3)(m) of the 2015 Act and preferably within every three months thereafter. They should thereafter send a report of the same to the concerned District Legal Services Authority Secretary," the court said.

The court was hearing a petition filed by Nandinee Das, Regional Coordinator with Aide et Action India, working with the District Child Protection Units, Child Welfare Committees and other government stakeholders to support the implementation of non-institutional family-based care under Mission Vatsalya.

The petitioner submitted that as per Section 8(3)(m) of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Juvenile Justice Boards are mandated to conduct regular inspections of jails meant for adults to check if any child is lodged in such jails and take immediate measures to transfer the child to observation homes.

The petitioner further submitted that despite such mandate, the JJBs have not been fulfilling this duty of regularly visiting the prisons to identify juveniles. The petitioner also pointed out that there is no uniformity amongst the JJBs of different districts with respect to the number of jail visits they undertake. The petitioner submitted that even in a few districts where the Board has visited prisons, it cannot be said that the number of visits is regular, and there is no uniformity.

The petitioner pointed out that the non-uniformity of prison visits ends up in wrongful and illegal incarceration of children in adult prisons, due to which the child faces investigations, inquiries, and trials like adults. The petitioner submitted that such actions violate the fundamental right to life and liberty of children guaranteed under Article 21 of the Constitution.

The petitioner submitted that due to the continued incarceration of the vulnerable child in an adult prison, the child could be easily manipulated and influenced to continue on the path of crime instead of being rehabilitated and reformed. This, according to the petitioner, is not just a loss for the child but to the society also.

The petitioner thus sought a direction to the authorities to conduct regular jail visits and give a report on the same to the concerned authorities. The petitioner also sought to increase the number of inspections to at least one inspection per month, and to formulate specific guidelines.

When the matter was taken up for hearing, the Government informed the court that if directions are issued to the State and the JJB to conduct regular jail visits and make a report, the same would be done by the concerned authorities. 

Taking note of the same, the court directed the JJBs of all districts to conduct inspections and submit a report.

Counsel for Petitioner: Mr Sauradeep Dey, Sheli Chakraborthy 

Counsel for Respondents: Mr. S. Baruah GA, ASSAM