Juvenile justiceProtectionSupreme Court of India

Sampurna Behura v Union of India

(2018) 4 Supreme Court Cases 43320181 min read
The case in brief30-second read
Facts
A PIL was filed highlighting that across several states, juveniles in conflict with law were being kept in regular jails and police lockups instead of observation homes.
Issue
Whether the protective provisions of the JJ Act 2015 regarding institutional care are mandatory or directory?
Held
The provisions of the JJ Act 2015 regarding protection of juveniles are mandatory: they create enforceable rights, not mere aspirational goals.
Principle
The JJ Act 2015 mandates that no juvenile shall be kept in a jail or police lockup at any stage. Child-friendly approach must permeate all interactions with juveniles in conflict with law. Compliance with institutional care standards is mandatory, not aspirational.
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Facts

  • A PIL was filed highlighting that across several states, juveniles in conflict with law were being kept in regular jails and police lockups instead of observation homes.
  • It was alleged that the infrastructure and care standards prescribed under the JJ Act 2015 remained largely on paper.
  • The Supreme Court took cognizance of widespread non-compliance with juvenile protection standards.

Issues

  1. Whether the protective provisions of the JJ Act 2015 regarding institutional care are mandatory or directory?
  2. What remedial directions are required to ensure compliance?

Held

  • The provisions of the JJ Act 2015 regarding protection of juveniles are mandatory: they create enforceable rights, not mere aspirational goals.
  • No juvenile shall be placed in a jail or police lockup at any stage (S.10(1) JJ Act 2015):
  • Not during apprehension
  • Not during detention pending inquiry
  • Not during institutional care

Ratio decidendi

The JJ Act 2015 creates a comprehensive protective framework for children in conflict with law. Its provisions are not discretionary: they are legally binding obligations on the State. Housing juveniles with adult offenders violates their fundamental rights and the spirit of the Act.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for mandatory nature of juvenile protection provisions. Key line: "No juvenile shall be kept in jail or police lockup at any stage."
  • Part B (15 marks): Essential for protection of juvenile offenders topic: institutional care standards, observation homes, best interest principle.

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Citation

Sampurna Behura v. Union of India (2018) 4 Supreme Court Cases 433

Reported: SCC. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.