Supervisory Lapse Without Knowledge Not 'Willful Neglect' Under S.75 JJ Act: Kerala High Court Quashes Case Against Home Official - 2025-02-06

Supervisory Lapse Without Knowledge is Not ‘Willful Neglect’ Under JJ Act: Kerala HC Quashes Case Against Home Official

Ernakulam: In a significant ruling, the Kerala High Court has quashed criminal proceedings against an official of a children's home, holding that a mere "supervisory lapse" without the element of intentional wrongdoing does not constitute "willful neglect" under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The court allowed the petition filed by Sidhique Chundakadan , an official at the Home for Mentally Deficient Children (HMDC) in Kozhikode, thereby quashing the case pending against him before the IInd Additional Sessions Court, Kozhikode.

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Background of the Tragedy

The case stems from a tragic incident in 2020 at the HMDC in Vellimadukunnu, Kozhikode. A six-year-old inmate, Ajin, was allegedly assaulted to death by four other inmates after he urinated while sleeping. The investigation revealed that one of the assailants was a major, who was permitted to stay in the same dormitory as the minor children, contrary to institutional rules.

Consequently, the police filed a final report. While the inmates were charged with assault and murder, the petitioner, Sidhique Chundakadan (accused no. 7), along with two other staff members, was charged under Section 75 of the J.J. Act. The specific allegation against the petitioner was a "supervisory lapse" in allowing major inmates to reside with minors.

Arguments Before the Court

The petitioner's counsel argued that the charge was unsustainable. He contended that a supervisory lapse, especially when the petitioner was unaware that majors were staying with minors, could not be equated with the "willful neglect" required to attract an offence under Section 75 of the J.J. Act. It was also submitted that departmental disciplinary action, resulting in the withholding of two increments, had already been taken against him.

The Public Prosecutor countered this, arguing that the petitioner’s negligence was "willful" as it directly led to a situation where the young victim lost his life. The failure to enforce rules and segregate inmates based on age was a severe dereliction of duty that caused unnecessary physical suffering, thus satisfying the ingredients of the offence.

Court's Analysis: Distinguishing Neglect from 'Willful Neglect'

The High Court meticulously analyzed the term "willful neglect" as stipulated in Section 75 of the J.J. Act. The court observed that the prosecution's own final report admitted that the petitioner "was not aware of the fact that the major inmates are also permitted to stay along with the minor inmates during night."

The judgment underscored that to constitute an offence under Section 75, the neglect must be "willful." The court drew upon legal definitions and precedents, including the Supreme Court's decision in Celir LLP v. Sumati Prasad Bafna (2024), to define the term.

“Willful. – Proceeding from a conscious motion of the will; voluntary; knowingly; deliberate. Intending the result which actually comes to pass . . . An act or omission is ‘willfully’ done, if done voluntarily and intentionally and with the specific intent to do something the law forbids…”

The court emphasized that "willful" implies a deliberate and intentional act, not one born of accident or inadvertence. The judgment quoted:

"It is therefore clear that to constitute willful neglect, these acts should be done deliberately and intentionally, not by accident or inadvertence. If the very prosecution case itself is to the effect that the petitioner/A7 was not aware of the fact that major inmates are permitted to stay along with the minors, the question of willful neglect does not arise at all."

Final Decision and Implications

Concluding its analysis, the High Court held that the facts presented by the prosecution pointed towards a supervisory lapse but failed to establish the crucial element of "willful" intent.

"All what can be alleged in the instant facts is supervisory lapse, which, by itself, cannot constitute the offence under Section 75 of the J.J. Act," the court stated.

Finding that the charge under Section 75 was unsustainable against the petitioner, the court allowed the criminal miscellaneous petition and quashed the FIR, final report, and all further proceedings against Sidhique Chundakadan in the case. This decision clarifies the high threshold of intent required to prosecute individuals for "willful neglect" under the Juvenile Justice Act, distinguishing it from general negligence or administrative oversight.