Unnatural Death Of Teenaged Boy- "Train Police Officials About Pre-Production Action Of Police With Regard To Child In Conflict With Law": Calcutta High Court

It may be noted that Rule 8 of the West Bengal Juvenile Justice (Care and Protection of Children) Rules, 2017 deals with Pre-Production action of Police and other Agencies and it provides for a system of undertaking and liaisoning between different departments including Legal Services Authority under the Legal Service Authority Act.

The Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy was dealing with a matter initiated on Court's own motion related to the unnatural death of a teenaged boy in Mollarpur, Police station – Birbhum.

The Court also noted that Rule 8 has been brought in place to support a fragile sector of the Indian citizenry, namely, the children, who also turn out to be the brick and mortar for future India.

The Court further opined,

"We are of the view that unless the sum and substance of Rule 8 of the West Bengal Juvenile Justice (Care and Protection of Children) Rules, 2017 are carried to its hilt in letter and spirit, the very objects sought to be achieved by making that Rule and the existence of its energizing provisions in the Juvenile Justice (Care and Protection of Children) Act, 2015 would remain futile."

In this backdrop, the Court issued the following directions: -

• A training sector of the Police Department in the State of West Bengal be carried out with the guidelines and inputs of the Juvenile Justice Committee of the High Court at Calcutta.
• The modality of carrying this forward will be regulated by the ADG (Training) in the Home Department of the Government of West Bengal by requisite interactions with the Chairperson of the Juvenile Justice Committee of the High Court as and when required.
• The Court requested the Chairperson of the Juvenile Justice Committee to look into the contents of the order and pave the way through appropriate instructions to the ADG (Training) in the Home Department of the State of West Bengal.
• The process of empowerment of the police personnel at all levels through a requisite legal literacy program, which would be comprehensive and value-oriented, is carried out in the best interest of the large sector of juveniles, who would be the beneficiary of such training through the police personnel.

Lastly, the Court expressed its hope that steps would be taken through the Chairperson of the Juvenile Justice Committee and a process of imparting training would be finalized within a period of a month

The matter has been listed for further hearing on 19^th March 2021.

Click Here To Download Order

Read Order