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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
SUBIN JOY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks deletion of juvenile records. (Para 2) |
| 2. discussion on the retention and erasure of records. (Para 3 , 4) |
| 3. court mandates deletion of records per legislative provisions. (Para 5 , 6) |
JUDGMENT :
Shoba Annamma Eapen, J.
The prayers in the writ petition are as follows:-
“i. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to immediately delete and expunge all records relating to C.C.No.46/2011 on the files of the Juvenile Justice Board, Thalassery from their internal systems, including police department’s digital database in strict compliance with Section 24 and the provisions of Section3(xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015;
ii. issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to ensure that the petitioner’s juvenile records are not disclosed, accessed or relied upon in any official or administrative capacity in the future, particularly for purposes such as police verifications, employment background checks or passport verifications;
iii. issue a writ of mandamus or any other appropriate writ, order or direction directing
Juveniles acquitted of crimes have a right to have their records erased, promoting rehabilitation and preventing stigma as per the Juvenile Justice Act.
The court affirmed that juvenile convictions should not hinder future opportunities, as mandated by Section 24 of the JJ Act, 2015.
Juveniles cannot be disqualified from public employment due to past convictions, as per legislative intent to protect their future prospects.
Juveniles in conflict with law cannot face disqualification in future employment opportunities due to prior convictions as per Section 24 of the JJ Act, 2015.
Point of Law : Rule 73 of Rules deals with Proceedings Paper.
The main legal point established in the judgment is that bail for a juvenile in conflict with law is a rule under the Act of 2015, and denial of bail is an exception that must be justified based on s....
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