Orissa High Court

Cuttack, Sept. 13: Orissa Police has been accused of violating the Juvenile Justice (Care and Protection of Children) Act, 2000, while arresting or taking into custody children.

While Section 21 of the Act prohibits publication of names of juveniles or children in conflict with law, or need of care and protection, or involved in any proceeding under the Act, a PIL filed in Orissa High Court has alleged that “senior police authority of the state are violating it in broad day light”.

Bhubaneswar-based child rights activist Tapan Kumar Mohapatra has filed the PIL citing the case of five minor girls who had recently surrendered before the deputy inspector general of police (western range) and superintendent of police (Keonjhar). Two senior police officers had claimed the minor girls were working in the Kalinga division of the Communist Party of India (Maoist).

The PIL had come up for hearing yesterday. “Acting on it, the two-judge bench of Chief Justice V.Gopala Gowda and Justice B.N. Mohapatra issued notices to the state home secretary and director general of police,” petitioner counsel Ashis Kumar Mishra told The Telegraph today.

According to the petition, news reports had mentioned the names of the five minor girls and details of their involvement in several cases. Newspaper reports also mentioned that the juveniles had submitted a 9mm pistol and other ammunition at the time of surrender.

The amended provisions of Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000, say: “No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school of a child nor shall any picture of any such juvenile or child be published.”

“Any person who contravenes the provision shall be liable to a penalty which may extend to Rs 25,000,” the Act states. “The two-judge bench also issued notices to the deputy inspector general of police (western range) and the superintendent of police (Keonjhar) to show cause for violation of Section 21 of the Act,” the counsel for the petitioner said.

The petition said the Juvenile Justice (Care and Protection of Children) Act, 2000, was aimed at providing a justice system for juveniles in conflict with law and children in need of care and protection by adopting a child-friendly approach in the adjudication. It also aimed at disposing of matters in the best interests of children and rehabilitation keeping in view their developmental needs.