Cuttack, July 21: A PIL raking up the issue of a need to conduct age determination tests in the case of young under trials in jail custody has been filed in Orissa High Court.
The petition has sought direction to make provision for Ossification Test in all the jails across Orissa to ascertain the age of the person sent to jail custody following arrest.
It will identify the juvenile for effective implementation of the Juvenile Justice Act, 2000.
Rabinarayan Mohanty, a resident of Puri, alleged: “Due to the non-availability of the Ossification Test facility in the jails, juveniles are being detained in custody, which is contrary to the Juvenile Justice (Care & Protection of Children) Act, 2006.
Jail authorities were allegedly conducting age-determination tests only when an under trial appears to be a minor. Consequently, young under trials are being sent to jails instead of remand homes.
In many cases, boys with no criminal records are forced to share facilities with other criminals in jails.
On the basis of information received under RTI Act, the petitioner, who is a lawyer, has pointed out that as many as 2,783 under trials recorded in the age group of 18 - 20 were detained in custody for two days to ten months between 2008 and 2010 in 26 jails across the state.
“Juveniles within the age group of 18 to 20 are being detained in custody since there is no provision at the first instance to determine their age. Ossification Test is the tested form to determine the age of a person. Therefore, if provision is made in every jail for the test of persons within the age group of 18–20, then the very purpose of enactment of Juvenile Justice Act to give greater attention, care and protection to children in conflict with law will be fulfilled,” the petition contended.