A Right to Information (RTI) query has uncovered a startling reality — between 2015 and 2023, as many as 162 minors were lodged in adult jails in Agra due to police lapses in age verification. The revelation raises serious questions about compliance with juvenile protection laws and the treatment of underage offenders in India.
According to the RTI filed by child rights activist Naresh Paras, these minors were initially arrested and sent to Agra’s district jail as adults. It was only after their families provided documents — such as birth certificates or school records — that the courts recognized them as juveniles and ordered their transfer to government-run juvenile homes.
Paras warned that keeping children alongside adult inmates can lead to severe psychological and social damage, calling it “a violation that destroys young lives and exposes them to hardened criminals during their formative years.”
Violation of Juvenile Justice Act
The Juvenile Justice (Care and Protection of Children) Act, 2015, strictly prohibits keeping minors in adult prisons. It mandates that any child in conflict with the law must be placed in an observation or juvenile home, not a regular jail.
The Act also requires police officers to verify the accused’s age during or immediately after arrest, and to produce the child before the Juvenile Justice Board (JJB) if age-related documents are unavailable. Each police station is supposed to have a Child Welfare Officer (CWO) and trained personnel for handling juvenile cases.
Paras emphasized, “The law is clear. If there’s doubt about a person’s age, police must seek verification within 24 hours. Failing to do so not only violates the Act but also endangers children’s rights and mental well-being.”
Police Response
Responding to the revelation, Agra DCP (City) Sonam Kumar stated that while she was not aware of this specific RTI, the department follows procedures to protect juveniles.
“We take sufficient measures and adhere to checks and balances while handling juvenile cases,” said DCP Kumar. “Each police station has a designated CWO. However, discrepancies in documents sometimes make age verification challenging.”
She added that medical tests are often conducted to confirm age and reduce the risk of minors being treated as adults.
Call for Accountability
Paras has demanded disciplinary action against officers responsible for violating juvenile protection norms. The activist also urged authorities to conduct periodic audits of police compliance with the Juvenile Justice Act to ensure no minor is ever sent to jail as an adult again.
Agra jail officials were unavailable for comment on the RTI findings.
