Discrepancies Found in Handling of Minor's Case Lead to Systemic Review of Child Protection Provisions
In a significant move, the Orissa High Court has converted a habeas corpus petition into a Public Interest Litigation (PIL) to address systemic failures in the juvenile justice system. The case, originally filed by Sarat Majhi against the State of Odisha, alleged illegal detention and torture of a minor child. However, upon reviewing CCTV footage and medical records, the court found no evidence of physical assault or illegal detention.
The court, presided over by Chief Justice Harish Tandon and Justice Murahari Sri Raman, observed discrepancies in adherence to the Odisha Juvenile Justice (Care and Protection of Children) Rules, 2018, and the parent Act. The child in question, who was taken to the police station on November 2, 2025, was treated in a manner not aligned with the statutory provisions designed to protect minors.
Recognizing the gravity of these discrepancies, the court stated, "There is a complete apathy shown by the Police Administration in inculcating a sense of responsibility while treating the child, whether in conflict with law or otherwise." Consequently, the court has directed the registration of a separate PIL to comprehensively address the rampant violations and improper implementation of laws concerning children.
The decision underscores the court's commitment to ensuring that statutory safeguards for minors are not only respected but actively enforced. The court has also dispensed with the personal appearances of the police officials involved, emphasizing the focus on systemic reform rather than individual accountability.
This development highlights the judiciary's proactive stance in safeguarding children's rights and ensuring that the juvenile justice system operates within the framework of the law. The conversion of the petition into a PIL aims to bring about necessary changes and hold authorities accountable for the welfare of children in Odisha.
Bottom line:-
The court, upon examining CCTV footage and other records, found discrepancies in adherence to statutory provisions under Odisha Juvenile Justice (Care and Protection of Children) Rules, 2018 and the parent Act. The matter was converted into a Public Interest Litigation to address systemic violations concerning children.
Statutory provision(s): Juvenile Justice Act, 2015, Odisha Juvenile Justice (Care and Protection of Children) Rules, 2018.
Sarat Majhi v. State of Odisha, (Orissa)(DB) : Law Finder Doc id # 2935207
