Court mandates all district Juvenile Justice Boards in Assam to carry out jail visits by October 31, 2026, to identify and transfer any children lodged in adult prisons to appropriate juvenile facilities under the Juvenile Justice Act, 2015
In a significant ruling aimed at safeguarding the rights of children, the Gauhati High Court, in a Division Bench judgment dated September 28, 2026, has issued directions mandating Juvenile Justice Boards (JJBs) across all districts of Assam to conduct regular inspections of adult jails. The court's order comes in response to a Public Interest Litigation (PIL) filed by Smt. Nandinee Das highlighting concerns regarding children being lodged in prisons meant for adults.
The petition emphasized the statutory duty under Section 8(3)(m) of the Juvenile Justice (Care and Protection of Children) Act, 2015, which requires JJBs to conduct periodic visits to adult jails to ascertain if any child is being unlawfully detained therein. The petitioner pointed out that despite inquiries, information was received from only 12 districts, raising concerns about potential non-compliance in others.
During the hearing, the State Government assured the court that appropriate measures would be taken if directions were issued. The court observed that since the law already mandates such inspections, it was imperative to ensure compliance without delay.
Accordingly, the High Court directed all district Juvenile Justice Boards in Assam to conduct a comprehensive inspection of adult jails by October 31, 2026. If any child is found lodged in an adult jail, the JJBs are to immediately transfer such children to observation homes or places of safety as prescribed under the 2015 Act. Furthermore, the Boards are required to submit detailed reports of their findings to the Secretaries of the respective District Legal Services Authorities (DLSA), who will then forward the reports to the Assam State Legal Services Authority (ASLSA).
Beyond the initial inspection, the court mandated that these jail visits should be conducted regularly, preferably every three months, to ensure continuous monitoring and protection of juveniles. The PIL was disposed of following the issuance of these directions, with the petitioner directed to serve copies of the order on all Juvenile Justice Boards and District Legal Services Authorities in Assam.
This judgment reinforces the statutory framework designed to protect children from the harsh environment of adult jails and ensures that Juvenile Justice Boards fulfill their critical oversight role. It also strengthens accountability mechanisms by involving the District and State Legal Services Authorities in monitoring compliance.
Bottom Line:
Juvenile Justice - Statutory duty of Juvenile Justice Boards to conduct regular inspection of adult jails to ascertain whether any child is lodged therein - High Court directed all district Juvenile Justice Boards to conduct jail visit within stipulated time, transfer identified children to proper homes under the Juvenile Justice Act, 2015 and submit reports through District Legal Services Authorities to Assam State Legal Services Authority.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Section 8(3)(m)
Nandinee Das v. State of Assam, (Gauhati)(DB) : Law Finder Doc Id # 3001055
