A.K.SIKRI, RAJIV SAHAI ENDLAW
Court On Its Own Motion – Appellant
Versus
Dept. Of Women & Child Development – Respondent
A.K. SIKRI,J.
1. In this letter petition, a very serious issue touching upon he rights of juvenile delinquent is raised. It is pointed out that many times when the accused persons are arrested by the Police and even when they happen to be children, they are lodged in Tihar Jail and subjected to the hardship of Adult Criminal Justice System. This may happen due to sheer negligence, omission or even deliberately. In support of this plea, it is mentioned that under Right to Information Act, 2005, information was received by the applicant from Central Jail No.7 which discloses that during the period October, 2010 to August, 2011, 114 persons were shifted from Tihar Jail to Observation Homes after they were found to be juveniles. It is thus stated that without proper care being taken by the Police Authorities at the time of arrest to find out whether the concerned person is a juvenile or adult, they are lodged in the jails. It is further mentioned that generally from appearance of the persons arrested, it can be made out that he is a child but in many cases inspite of the family of the persons arrested producing the birth certificate etc. to show that the person arrested is a ch
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