Back
Rejects Juvenility Plea, Directs 1% Reservation for Under JJ Act
Justice Anoop Kumar Dhand of the dismissed a petition seeking for an accused in a POCSO case, but used the occasion to issue sweeping directions for the reform of the juvenile justice system, including a 1% for in education and government employment.
The Background: A Battle Over Age
Deepak Kumar, facing charges including rape and sexual assault under the , claimed he was a juvenile on the date of the alleged incident (). He relied on his Class X mark-sheet from the , which recorded his date of birth as . If accepted, he would have been 16 years and 9 months old at the time—still a minor under the .
The State opposed the claim, pointing to the school admission form for Class I, filled by the petitioner's father on . That form recorded the date of birth as . The State argued that a child aged one year could not have been admitted to Class I, making the later certificate suspect.
Arguments on Both Sides
Counsel for the petitioner argued that the Class X certificate was the most reliable document and that the school admission form contained discrepancies regarding the year of admission, which the trial court had overlooked. He relied on precedents from the giving primacy to matriculation certificates.
The Public Prosecutor and counsel for the complainant countered that the admission form was the earliest and most authentic record. They emphasised that the father himself had declared the 2003 date, and that it was inconceivable for a one-year-old to be enrolled in Class I.
Legal Analysis: The School Register Prevails
The court examined , which lists the order of preference for age determination: (i) date of birth certificate from school or matriculation certificate, (ii) birth certificate from municipal authority, and (iii) medical age determination. The court noted that under the new Act, the school certificate and matriculation certificate are placed at par—the earlier primacy of the matriculation certificate under the old Act is no longer absolute.
Justice Dhand observed:
"Where there is conflict with regard to the date of birth of any person, more value shall be given to the entry made at the first instance in the Government Primary School or Class-I Register because it is closest to the birth and there are less chances of its manipulation for jobs or age benefits."
The court found no manipulation in the admission year. Since the petitioner was 3 years and 8 months old at the time of admission (if the 2003 date is correct), the Class I entry was plausible. The Class X certificate, coming years later, could have been obtained with an incorrect date. Accordingly, the court held that Deepak Kumar was above 18 on the incident date and not a juvenile.
Systemic Lapses: Mechanical Assessments and Abandoned
While disposing of the petition, the court took notice of two systemic failures:
-
Preliminary assessments under are being conducted in a "mechanical manner." Psychiatrists and psychologists often submit one-page reports without actual psychological testing, interaction with parents or teachers, or proper assessment of . The court noted:
"The purpose of is not to decide whether child has committed the offence or not, but to assess his ."
-
—children who turn 18 and are discharged from child care institutions—face a "harsh practical reality." They have no identity documents, permanent address, job, or emotional support. The court cited surveys: 40% had no proof of residence, 64% had no voter card, and they are 25% more likely to be involved in crime than the general population.
Landmark Directions
To address these issues, the court issued a series of interim directions:
-
For Preliminary Assessments: The state must constitute a panel of clinical psychologists and psychiatrists in each district within six weeks. All assessments must follow the format and include at least three sittings with the child, interviews with parents and teachers, and standardised psychological tools. must organise sensitisation training within 60 days.
-
For : The must prepare a comprehensive policy providing shelter, continued education, vocational training, counselling, and financial assistance for one year to every care leaver without family support.
-
: To be constituted within 30 days, chaired by the Chief Secretary, with members from health, legal services, police, , and NGOs. It will standardise assessment procedures and frame an policy.
-
: To be set up in each revenue division to handle individual grievances and ensure no care leaver is discharged without a rehabilitation plan.
-
: A dedicated nodal agency at central and state levels with a single-window grievance mechanism and a digital database of all .
-
Identity Documentation: The process for obtaining Aadhaar, PAN, voter ID, bank account, and other documents must start when the child turns 17.5 years, so that no child leaves without an identity card.
-
Education and Scholarship: Every care leaver is entitled to free education up to graduation. A dedicated fund will provide monthly scholarships of at least ₹4,000 for higher studies and ₹6,000 for professional courses, plus hostel facilities.
-
1% : The central and state governments must frame a policy within 12 weeks providing 1% reservation for in all government educational institutions and government services. Until then, age relaxation of 5 years and fee exemption will apply.
-
Financial Support: Interest-free loans up to ₹5 lakh for self-employment, startups, and housing.
Key Observations
"It has also been noticed that in many matters, the juveniles are not sent for for several months after the alleged incident/occurrence. In many cases, these juveniles are kept in a hospital for more than ten days by the Doctors/Physicians and then a formal report, by merely filling the blanks in a cyclostyle format, is issued even without conducting the actual , which affects the child's right of trial."
"As highly vulnerable unsupported youths, they are often exploited and quickly fall into the traps of homelessness, low-wage labor, crime or trafficking, and perpetuating cycles of poverty and marginalization...their vulnerability is not because they lack potential, but because they lack support."
Final Decision
The petition was dismissed on the merits—Deepak Kumar will be tried as an adult. However, the court marked the case as "" and listed it for further hearing on to review compliance with the directions. are due within eight weeks.
The order has been sent to the , the , the Chief Secretary of Rajasthan, all relevant departments, and all Principal Magistrates of in the state for implementation.
