Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
AJAY BHANOT, J.
Smt. Rekha - Applicant
Versus
State of U.P. - Opposite Party
Criminal MISC. Bail Application No. 25993 of 2024
Decided On : 20-01-2025
| Table of Content |
|---|
| 1. arguments for and against the applicant's bail. (Para 2 , 3) |
| 2. court's observations on the impact of bail denial on children. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. constitutional provisions and rights of children. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. international instruments supporting children's rights. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. statutory frameworks governing children's rights. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 6. judicial precedents emphasizing child welfare. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 7. duties of stakeholders in protecting children's rights. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60) |
| 8. implementation of child welfare programs. (Para 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70) |
| 9. need for inter-departmental cooperation. (Para 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80) |
| 10. court's role in upholding child rights. (Para 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89) |
| 11. final order regarding bail and child care plan. (Para 90 , 91 , 92 , 93 , 94 , 95 , 96 , 97 , 98 , 99 , 100 , 101 , 102 , 103 , 104 , 105 , 106 , 107 , 108 , 109 , 110 , 111 , 112 , 113 , 114 , 115 , 116 , 117 , 118 , 119) |
JUDGMENT :
Ajay Bhanot, J.
1. The judgement is being structured in the following conceptual framework to facilitate the discussion:
| I | Introduction | ||
| II | Submissions of learned counsels for the parties | ||
| III | Legal issues arising in this case & Bail Jurisdiction | ||
| IV | Children: | ||
| A | General | ||
| B | Constitution and Children | ||
| C | Education and Holistic Development of Children | ||
| D | International Instruments | ||
| V | Children in Jail : Invisible trial and caged childhood — A Study | ||
| VI | Statutory Framework: | A | Juvenile Justice (Care & Protection of Children) Act, 20151 |
| B | The Right of Children to Free and Compulsory Education Act, 2009[ hereinafter referred to as Right to Education Act, 2009] | ||
| C | UP Jail Manual, 2022 | ||
| D | The Model Prison Manual, 2016 | ||
| E | Legal Services Authorities Act, 1987 | ||
| F | Constitutional law discourse : Case Laws | ||
| VII | A | Child Protection System: Duties of stakeholders & Directions | |
| B | Training of stakeholders | ||
| C | Response of the State Government and achieving concert between different departments | ||
| VIII | Implementation of Law and Role of Courts : Junaid Vs.State of U.P., 2021 (6) ADJ 511 and Rajendra Prasad Vs. State of U.P., Criminal Misc. Bail Application No. 30292 of 2024 | ||
| IX | Order in Bail Application | ||
| A | Merits of bail and directions to expedite trial | ||
| B | Directions to create a child care plan and realize the rights of the applicant’s minor child | ||
| X | Circulation of copies for compliance | ||
I. Introduction
1. Rights of children who get confined to jail with their parents consequent to rejection of bail of the latter arise for consideration in this case (apart from other grounds for bail).
II. Submissions of learned counsels for the parties
2. Shri Rahul Upadhyay, learned counsel for the applicant made the following submissions:
i. The applicant’s son who is 5 years of age is residing with her in prison after her incarceration. The rights of the applicant’s child flowing from Article 21-A of the Constitution of India read with other beneficial legislations are being violated on account of his confinement in prison.
ii. The prison does not have requisite support systems to ensure the holistic growth of the minor child as contemplated in theaforesaid provisions of law.
iii. In view of the above the jail stay will cast a shadow on the child’s life and mar his future.
iv. The applicant is entitled to bail on this ground alone.
Submissions on behalf of State
3. Shri Ashok Mehta, learned Additional Advocate General assisted by Shri Paritosh Kumar Malviya, learned AGA-I made the following submissions:
I. The State Government have an unconditional commitment to provide a congenial environment and build adequate support systems as contemplated under the Constitution and in various beneficial legislations for children who reside in jail consequent to imprisonment of their[their” is being used as a gender inclusive Pronoun in place of
The court established that the rights of children residing with incarcerated parents must be prioritized, mandating educational and developmental support systems to mitigate the adverse effects of im....
Point of law: The POCSO Act, 2012 read with POCSO Rules, 2020 is a special legislation. It is open to the High Court on the administrative side to consider the feasibility of creating specific rules ....
(1) Persons nominated in Section 439(IA), Cr.P.C. may not be obligated to attend but are certainly entitled to be present at hearing of bail application in POCSO Act, 2012 offences – Notice to victim....
(1) Statement recorded under Section 164 of Cr.P.C. made in the course of investigation by the victim child, cannot be considered as evidence recorded under Section 35 of POCSO Act.(2) If there is a ....
The court affirmed that while the victim must be informed of bail proceedings under the POCSO Act, they are not required to be included as a party to such applications, promoting their rights to repr....
The main legal point established in the judgment is the entitlement of the child to legal representation, participation in proceedings, and the mandatory presence of the informant or authorized perso....
A victim has the right to be heard in bail proceedings, especially in serious offences, as mandated by the Protection of Children from Sexual Offences Act and corresponding rules.
Point of law: POCSO Act – To appoint competent Special Public Prosecutors exclusively attached to the Special Courts dealing with matters under the POCSO Act, so that the time-frame under Section 35 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
