Gauhati High Court Directs Juvenile Justice Boards To Inspect Adult Jails For Minor Inmates, Calls For Visits Every Three Months
The High Court directed that any child identified in an adult jail be sent to a proper home under the Juvenile Justice Act, and that the District Legal Services Authorities submit inspection reports to the Assam State Legal Services Authority.
The Gauhati High Court has directed the Juvenile Justice Board in every district of Assam to inspect adult jails by October 31, 2026, identify whether any child is lodged there and ensure that any child found is sent to a proper home under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The High Court also called for regular inspections, preferably every three months.
The Court was hearing a public interest litigation seeking regular inspections of adult jails by the Juvenile Justice Boards under Section 8(3)(m) of the 2015 Act and submission of reports to the authorities concerned.
A Division Bench of Justice Michael Zothankhuma and Justice Rajesh Mazumdar directed: “We accordingly direct the Juvenile Justice Boards of all the districts to conduct a jail visit by 31.10.2026, to see if there is any child in the jail meant for adults. If any children are identified in the adult jails, they should be sent to the proper homes, as per the provisions of the 2015 Act. The Juvenile Justice Boards of each district shall send a report with regard to the jail visit to be conducted in the month of October, 2026 to the Secretary, District Legal Services Authority, who shall thereafter forward the same to the Member Secretary of the Assam State Legal Services Authority.”
The Bench added: “The Juvenile Justice Boards of each district should accordingly conduct regular jail visits in terms of Section 8(3)(m) of the 2015 Act and preferably within every three months thereafter. They should thereafter send a report of the same to the concerned District Legal Services Authority Secretary.”
Advocates Sauradeep Dey and Sheli Chakraborty appeared for the petitioner. Government Advocate S. Baruah appeared for the State of Assam.
Background
The petitioner submitted that Section 8(3)(m) of the 2015 Act required the Juvenile Justice Boards in every district of Assam to regularly inspect jails meant for adults and determine whether any child was lodged in such a jail.
The petitioner further submitted that the Boards were required to take immediate measures to transfer any child identified during an inspection to an observation home or place of safety. However, according to the petitioner, her enquiries concerning children lodged in jails had yielded information relating to only 12 districts.
The petitioner consequently sought directions requiring the authorities to conduct regular jail visits and submit reports to the authorities concerned.
The State submitted that the concerned authorities would conduct regular jail visits and submit reports if the Court issued such a direction.
Court’s Observations
Regular Inspections Required Under Section 8(3)(m)
The Court observed that the petition did not require prolonged consideration because Section 8(3)(m) of the 2015 Act itself contained the statutory requirement for Juvenile Justice Boards to conduct regular jail visits.
The Bench stated: “On considering the prayer made by the petitioner, we are of the view that the matter need not detain us any longer, inasmuch as, the statutory requirement is provided under Section 8(3)(m) of the 2015 Act, to conduct regular jail visits by the Juvenile Justice Boards.”
The Court accordingly directed the Juvenile Justice Boards of all districts to complete an inspection by October 31, 2026, specifically to ascertain whether any child was lodged in an adult jail. The Bench further directed that children identified during the inspections should be sent to proper homes in accordance with the 2015 Act.
Inspection Reports To Be Routed Through Legal Services Authorities
The Court directed each Juvenile Justice Board to submit its report concerning the October 2026 inspection to the Secretary of the respective District Legal Services Authority.
The Bench stated that the District Legal Services Authority Secretary must forward the report to the Member Secretary of the Assam State Legal Services Authority.
The Court further directed the Juvenile Justice Boards to conduct regular jail visits under Section 8(3)(m), preferably every three months. The Bench added that reports of these subsequent inspections must also be submitted to the concerned District Legal Services Authority Secretary.
Conclusion
The High Court disposed of the public interest litigation with directions to all district Juvenile Justice Boards to inspect adult jails by October 31, 2026, transfer any children identified there to proper homes under the 2015 Act and preferably conduct further inspections every three months.
The Court also directed the petitioner to serve copies of the order upon the Juvenile Justice Boards and the District Legal Services Authority Secretaries of all districts.
Cause Title: Smt. Nandinee Das v. State of Assam and 38 Others
