Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law

While granting bail to a 17-year-old boy accused of attempted murder in Samba district Justice Sanjeev Kumar observed,

“Courts working in the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh, and, therefore, they are, with impunity, disclosing the full identity of the juvenile in their orders. It is high time that the Courts in the Union Territories of Jammu and Kashmir and Ladakh are made aware of the provisions of Section 74 of the Act of 2015”.

The juvenile was apprehended by police for allegedly being part of a group that attempted to murder one Balwinder Singh. The Principal Juvenile Justice Board (JJB) and the Appellate Court had rejected the juvenile's bail plea citing the seriousness of the offense and the possibility of the juvenile being influenced by criminal elements if released.

Justice Kumar, however, ruled that bail for a juvenile is a rule and denial an exception. He pointed out that Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, mandates the release of a juvenile on bail unless there are specific reasons to believe that releasing the juvenile would endanger them or hamper the investigation. The court found that the reasons provided by the JJB and the Appellate Court for denying bail were not sufficient.

Justice Kumar went on to express serious concern about the courts in J&K and Ladakh disclosing the identities of juveniles in their orders. He highlighted Section 74 of the Act, which prohibits the disclosure of any information that could reveal the identity of a juvenile in conflict with law. The court noted that this is crucial to protect juveniles from the stigma and emotional trauma associated with criminal proceedings.

“The prime aim and object of Section 74 of the Act of 2015 is to avoid scrutiny of the proceedings in which a juvenile is tried to insulate and protect the juvenile from stigma and emotional trauma….it is astonishing to note that the Courts are unaware of the provisions of Section 74 of the Act and are unabashedly disclosing the identity of the juveniles facing trial before them or seeking their release on bail, as has happened in the instant case”, Justice Kumar remarked.

Deliberating on the aspect of reintegration of the delinquent child in society Justice Kumar observed,

“Reform of children in conflict with law, their reintegration in society and creation of a salutary environment to the children to grow and realize their potentialities is the high purpose to which the legislatures and the courts have directed their efforts”.

Highlighting the necessity for courts to adhere to Section 74 of the Act the court directed the registry to ensure strict compliance with these provisions and urged all courts in the Union Territory of Jammu and Kashmir and Ladakh to uphold the confidentiality of juvenile identities.

Case Title: “X” Juvenile Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 82

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