Delhi High Court Issues Notice On DCPCR’s Plea Against Mentioning Of 'Reason For Alleged Offence' In Reports Under Juvenile Justice Rules

The Delhi High Court on Friday issued notice on a plea moved by Delhi Commission for Protection of Child Rights (DCPCR) challenging the requirement of recording of 'reason for alleged offence and the alleged role of the child in the offence' in the juvenile's Social Background Report and Social Investigation Report, stating that the same authorises extracting of confession from the child in violation of Article 20(3) of the Constitution.

A division bench of Justice Mukta Gupta and Justice Poonam Bamba sought response of the Centre through Ministries of Women & Child Development and Law & Justice as well as the Delhi Government. 

The matter will be heard on March 28.

Filed through Advocate R.H.A. Sikander, the plea challenges the constitutional validity of clauses 21 and 24 of Form 1 of the Social Background Report and clauses 42 and 43 of Form 6 of the Social Investigation Report, as being ultra vires the Articles 14, 20 and 21 of the Constitution of India. The clauses require the authorities to ascertain the “reason for alleged offence and the alleged role of the child in the offence.”

The reports are considered and relied upon by the Juvenile Justice Board (JJB) while passing orders with respect to the child alleged to be in conflict with law.

The plea submits that the impugned clauses are violative of the fundamental right to a fair trial and personal liberty enshrined under Article 21 of the Constitution of India “as they expose the children to self-incrimination.”

The commission has relied on an order passed by a division bench on September 19, 2022 in Vikas Sangwan v. The State (Govt. of NCT ofDelhi) wherein it was observed that extracting confession from a child regarding the manner in which the offence was committed by him is unconstitutional and beyond the scope of a preliminary assessment report required to be prepared under the Juvenile Justice (Care and Protection of Children) Act, 2015.

“Under Clause 3 of the said report, it can be clearly noted that a confession is sought to be extracted from the child as to the manner in which the offence was committed and the reasons thereof This manner of seeking a confession from the child is unconstitutional and beyond the scope of a report of preliminary assessment to be prepared under Section 15 of the J.J. Act,” the division bench had observed.

In its plea, the commission has submitted that the impugned clauses are arbitrary and have no rational nexus with the objectives of the Juvenile Justice Act and strike at the very core of child care and protection regime.

The plea also adds that it results in causing grave harm and dilution to the rights of children and putting them in a disadvantageous position.

“State is duty bound under the Constitution of India and the statutory framework to protect the children from being exploited or being exposed to any disadvantage or harm,” the plea argues.

Title: DCPCR v. UOI & Ors.