The Allahabad High Court has strongly criticized the handling of a case where a 16-year-old minor, Arjun @ Golu, was made to stay in a regular jail with adult undertrial prisoners for over a year due to the trial court's failure to decide his juvenility application. The case came before Justice Subhash Vidyarthi, who termed the situation as "very disturbing" and expressed deep concern over the neglect of the legal safeguards meant for children.
“In case a child aged 16 years was taken into custody and he has been languishing in regular Jail with other under-trial accused persons and convicts, it is indeed a very disturbing fact,” the Court observed.
The minor had been arrested under Sections 363, 366, 376(3) IPC and Sections 5J(2), 5-L, 6 of the POCSO Act. During the hearings, it was revealed that the 13-year-old girl involved had not made any allegations against him. Instead, she stated that she loved the boy, married him in a temple, and had voluntarily gone with him.
Despite this, and a bail application that clearly stated the boy was born on 18 April 2008, making him 16 years old, the trial court failed to act on his plea filed on 8 April 2024 seeking to be declared a juvenile. Justice Vidyarthi noted that if eventually found to be a juvenile, the harm caused by detaining him with adult inmates for over a year could not be undone.
“The loss which has been caused to the applicant by making him spend a period of more than one year in regular jail with under-trial accused persons and convicts, cannot be made good by any means,” the Court remarked.
The Court held that the Juvenile Justice (Care and Protection of Children) Act, 2015 mandates a child-friendly approach in dealing with minors. Sections 9, 10, 11, and 12 of the Act were specifically referred to, which emphasize that a child should not be treated like an adult in criminal matters and must be kept in a place of safety.
“The intention of the legislature is that a child who is in conflict with law, shall not be treated as an ordinary adult accused person and he shall be treated with a lot more sensitivity,” the bench noted.
The High Court also held the legal counsels responsible for failing to highlight the boy's minor status at earlier hearings, which could have prevented the prolonged detention. The Court took notice that not even during the hearing did any counsel bring up the juvenility issue, and the Court itself had to notice the age while dictating the order.
“Had this Court missed this point for want of proper assistance from the learned Counsel for the parties, the applicant would have continued to be denied the protections available to him under the laws,” the Court observed critically.
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Justice Vidyarthi has now directed the Special Judge, POCSO Court, Pratapgarh to decide the pending juvenility plea without any delay or unnecessary adjournments. Furthermore, the Registrar General has been instructed to circulate this order to all judicial officers across the state to ensure that minors are treated in accordance with the law.
The High Court reiterated that all stakeholders in the justice system—including courts, police, jail authorities, and lawyers—must remain vigilant and sensitive when dealing with cases involving children.
Quote:
“The Juvenile Act was enacted to adopt a child-friendly approach in adjudication and ensure the best interest and welfare of children,” the Court emphasized.
Appearances
Counsel for Applicant: Gyan Singh, Awadhesh Kumar Pal
Counsel for Opposite Party: G.A., Durgesh Mishra, Saumya Singh
Case title - Arjun @ Golu vs. State Of U.P. Thru. Addl. Chief Secy. Home Govt. Of U.P. Lko. And 3 Others
