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Source: The post issue with juvenile detention in India has been created, based on the article “Not NDA vs UPA: The numbers behind the poverty debate” published in “Indian express” on 1st June 2024.
UPSC Syllabus Topic: GS Paper 2– Governance-Laws, institutions and Bodies constituted for the protection of vulnerable sections.
Context: The article discusses how children accused of crimes are sometimes wrongly held in adult prisons in India. It mentions cases where children were not treated according to juvenile justice laws, highlighting systemic flaws in the system that fail to protect these children adequately.
For detailed information on When a juvenile is tried as an adult read this article here
What is the issue with juvenile detention in India?
Improper Detention: Children accused of crimes are often held in adult prisons, violating juvenile justice laws.
Study Findings: Between 2016 and 2021, a study by iProbono found that 9,681 children were transferred from adult prisons to child-care institutions.
Legal Framework: The 2015 juvenile justice act prohibits detaining children in adult prisons, requiring placement in observation homes or places of safety.
For detailed information on juvenile justice act 2015 read this article here
Continued Violations: From 2017 to 2019, 75 juveniles were found in adult prisons in Haryana, Punjab, and Karnataka.
Systemic Issues: Police often misrepresent children’s ages, fail to inform them of their rights, and delay legal representation, leading to wrongful detention.
What are the gaps in the legal system?
Lack of Legal Representation: Many children meet their lawyers only weeks after being imprisoned, undermining their defense.
Procedural Gaps: There are no clear guidelines for ensuring a lawyer is present during police questioning.
Delayed Justice: Regular inspections by the Juvenile Justice Board are not consistently conducted, allowing violations to persist unnoticed.
Way forward
Pre-trial safeguards are essential. Laws need to clearly outline how the right to legal representation should be implemented. This will help prevent children from being wrongfully detained in adult prisons.
Question for practice:
Discuss the systemic flaws in India’s juvenile justice system that result in children being wrongly detained in adult prisons.
