LI Network
Published on: February 17, 2024 at 21:25 IST
The Rajasthan High Court, Jodhpur bench, has unequivocally asserted that the ‘right to be forgotten‘ through the destruction of juvenile delinquency records is an absolute entitlement, especially when the benefits of Section 24 of the Juvenile Justice (Care & Protection of Children) Act, 2015, have been extended to the juvenile in question.
Dr. Justice Pushpendra Singh Bhati, presiding over a single-judge bench, delivered this judgment while addressing a plea concerning the cancellation of public employment due to juvenile delinquency.
The Court not only upheld the right but also prohibited the state from seeking information in the future about the previous criminal history of individuals as juveniles, wherever Section 24 of the Act has been applied.
The Court emphasized that “the State… are hereby lawfully restrained from seeking any information, in the future, from the then juvenile about the previous record/information of his juvenile delinquency in cases where the benefit of Section 24 of the Act of 2015 has been extended…”
The case before the High Court involved an applicant denied a police constable position despite merit in selection stages, citing the alleged concealment of criminal antecedents from their juvenile years.
The petitioner argued that the Juvenile Justice Board (JJB) had explicitly removed the disqualification as per Section 24 of the 2015 Act.
According to Section 24(2) of the Act, the JJB has the authority to direct the destruction of relevant conviction records, excluding heinous offenses, after the appeal period or a reasonable duration.
The Court, after reviewing the records, concluded that the JJB had indeed extended the benefits of Section 24 to ensure the petitioner’s future prospects, including employment opportunities.
In light of the JJB’s observations, the court supported the petitioner’s decision to answer ‘No’ regarding criminal antecedents in the application form.
The Court, while quashing the order deeming the selected candidate ineligible, also considered the principles of fresh start under Section 3 – (xiv) of the JJ Act and Rule 14 (Destruction of records) of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
“…the intention of the legislature behind introducing Sections 3 (xiv) & 24 of the Act of 2015 as well as the Rule 14 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, is to extend the protection to the juvenile against the conviction, and to remove the said conviction as disqualification for future prospects of the juvenile concerned…”, emphasized the Court.
The Court asserted that the complete erasure of the conviction record is the essence of invoking Section 24, and the petitioner lawfully chose not to provide information regarding the juvenile conviction.