A child cannot be kept in jail: SC

Juvenile justice boards are not meant to be "silent spectators

"Even if bail is not granted, the child cannot be kept in jail or police lockup and has to be kept in an observation home or place of safety", said the Supreme Court, adding that juvenile justice boards are not meant to be "silent spectators."

The apex court emphasized that a juvenile cannot be kept in jail or police lockup.

A bench comprising Justices Deepak Gupta and Aniruddha Bose made this observation after two instances were cited pertaining to certain allegations published in the media in connection with children being purportedly detained and tortured in the police custody in Delhi and Uttar Pradesh.

"All Juvenile Justice Boards (JJBs) in the country must follow the letter and spirit of the provisions of the Act. We make it clear that the JJBs are not meant to be silent spectators and pass orders only when a matter comes before them," said the court citing the Juvenile Justice (Care and Protection of Children) Act, 2015, cannot be flouted, least of all by the police.

"The proviso to the section (of the Act) clearly lays down that a child alleged to be in conflict with the law shall not be placed in a police lockup or lodged in a jail. Once a child is produced before a JJB, bail is the rule," the bench said in the February 10 order.

The apex court is conducting a hearing on a matter which has raised the issue of exploitation of children at orphanages. The apex court had passed many directions already emphasizing child care institutions, including orphanages, to ensure their safety and welfare.