Case at a Glance
A public interest petition pointed out that Juvenile Justice Boards in Assam are required by Section 8(3)(m) of the Juvenile Justice (Care and Protection of Children) Act, 2015 to inspect adult jails regularly to check whether any child is lodged there, but information on children in jails was available for only 12 districts. With the State agreeing to comply with any direction, a Division Bench of Justices Michael Zothankhuma and Rajesh Mazumdar held that the duty already exists in the statute and disposed of the PIL with directions: every district Board must visit the jails by 31 October 2026, shift any child found to an appropriate home under the Act, report to the District Legal Services Authority, and repeat the visits preferably every three months.
The petitioner filed a PIL against the State of Assam and 38 other respondents. She pointed out that under Section 8(3)(m) of the Juvenile Justice (Care and Protection of Children) Act, 2015, Juvenile Justice Boards in every district must regularly inspect adult jails to check whether any child is lodged there, and must take immediate steps to transfer any such child to an observation home or place of safety.
The petitioner had sought information about children in jails, but received data for only 12 districts. Appearing for the State, the Government Advocate submitted that if the Court directed the State and the Juvenile Justice Boards to conduct regular jail visits and report on them, the authorities would comply.
The Key Question Before the Court
How should the statutory duty of Juvenile Justice Boards to inspect adult jails for children under Section 8(3)(m) of the JJ Act be enforced across Assam?
The duty already exists; the Court set a timetable
The Bench noted that the requirement of regular jail inspection is already contained in Section 8(3)(m) of the 2015 Act, so the matter did not need further hearing. Given the State’s assurance of compliance, the Court chose to give time-bound directions rather than keep the PIL pending.
It directed all district Juvenile Justice Boards to visit the jails by 31 October 2026 to check for children lodged in adult jails, and to send any child found to the appropriate homes under the Act. Each Board must send its October 2026 report to the Secretary of the District Legal Services Authority, who will forward it to the Member Secretary of the Assam State Legal Services Authority. Thereafter, the Boards must conduct regular visits under Section 8(3)(m), “preferably within every three months”, and report to the DLSA Secretary. The order cites no precedents.
What the Court Actually Held
- Section 8(3)(m) of the JJ Act, 2015 already obliges Juvenile Justice Boards to inspect adult jails regularly for children, and the State agreed to comply.
- All district Juvenile Justice Boards in Assam must conduct a jail visit by 31 October 2026, and any child found in an adult jail must be sent to an appropriate home under the Act.
- Each Board must report on the October 2026 visit to the DLSA Secretary, who will forward it to the Member Secretary, Assam State Legal Services Authority.
- Regular visits must follow, preferably every three months, with reports to the DLSA Secretary; the PIL was disposed of and the petitioner directed to serve the order on all Boards and DLSA Secretaries.
Why This Judgment Matters
- It turns a statutory duty that is often overlooked into a time-bound, monitored exercise across all districts of Assam.
- It brings the legal services authorities into the reporting chain, adding a layer of oversight.
- It addresses the risk of children being held with adult prisoners.
What Should Advocates Take Away From the Judgment?
For Families and Child-Rights Workers
- If a child is held in an adult jail, inform the Juvenile Justice Board and the District Legal Services Authority.
- Under the Act, the Board must take immediate steps to move the child to an observation home or place of safety.
- The Boards’ reports go to the DLSA, which can be approached for follow-up.
For Counsel
- Raise the age of an accused who appears to be a child at the earliest stage, and seek transfer under the JJ Act.
- Cite Section 8(3)(m) and this order when seeking inspection or information about children in jails.
- Legal aid lawyers can use DLSA reports to identify children needing intervention.
Key Takeaways
- Juvenile Justice Boards must inspect adult jails for children under Section 8(3)(m).
- In Assam, every district Board had to visit jails by 31 October 2026.
- Any child found must be shifted to an appropriate home under the JJ Act.
- Visits must continue, preferably every three months, with reports to the DLSA.
Frequently Asked Questions
What does Section 8(3)(m) of the JJ Act require?
As recorded in the order, it requires Juvenile Justice Boards to regularly inspect adult jails to check whether any child is lodged there and to take immediate steps to transfer such a child to an observation home or place of safety.
What deadline did the Gauhati High Court set?
All district Juvenile Justice Boards in Assam had to conduct a jail visit by 31 October 2026 and report to the DLSA Secretary, and then visit regularly, preferably every three months.
Who monitors the reports?
Each Board reports to the Secretary of the District Legal Services Authority, who forwards the October 2026 report to the Member Secretary of the Assam State Legal Services Authority.
Conclusion
The order is short, but it gives practical force to a protection that exists on paper: children do not belong in adult jails, and the bodies charged with finding them must now do so on a schedule, with legal services authorities watching.
Practical takeaway: Anyone aware of a child lodged in an adult jail in Assam can alert the Juvenile Justice Board or the DLSA, relying on Section 8(3)(m) of the JJ Act and this order.
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