Juvenile’s conviction can’t hurt future prospects: SC
Emphasising the rehabilitative nature of the juvenile justice law, the court struck down a police-issued character certificate that disclosed a juvenile conviction, calling it a violation of statutory safeguards
The Supreme Court has held that a juvenile’s conviction cannot be used against them in future background checks or character certificates, ensuring that past transgressions do not permanently hinder their prospects.
Emphasising the rehabilitative nature of the juvenile justice law, the court struck down a police-issued character certificate that disclosed a juvenile conviction, and called it a violation of statutory safeguards.
A bench comprising justices Vikram Nath and Sandeep Mehta ruled in favour of a man who was denied employment due to the disclosure of his juvenile conviction by the Chhattisgarh Police. The court held that such disclosures undermine the protective legislative framework of the Juvenile Justice (Care and Protection of Children) Act, 2015, which aims to rehabilitate juveniles without subjecting them to lifelong stigma.
The Supreme Court emphasised the intent behind Section 24 of the JJ Act, which grants juveniles protection against disqualifications arising from past convictions. “A bare perusal of the statute reveals that the legislative design of Section 24 is emphatically protective in nature. By expressly stating that ‘a child ... shall not suffer disqualification, if any, attached to a conviction,’ the provision carves out a unique sphere of immunity for individuals whose offences are adjudicated under the juvenile justice framework,” it said.
The judgment, delivered on February 18 but released this week, stressed that the JJ Act prioritises reintegration into society, free from the stigma of past offences. Section 24(2) mandates the destruction of relevant conviction records after a certain period to ensure that a juvenile’s past does not permanently impact their future.
“By its very nature, the statute aims to accord a fresh start to juveniles who have served whatever rehabilitative or corrective measure was deemed appropriate by the Board. Where such conviction details continue to appear in public or official documents, especially those bearing upon future employment prospects, the underlying legislative safeguard is manifestly undermined,” the court stressed.
It also invoked the “principle of fresh start” under Section 3(xiv) of the Act, which requires erasure of all past records of any child under the juvenile justice system except in special circumstances.
The case pertained to an individual who was convicted by the Juvenile Justice Board (JJB) in 2021 under Sections 294, 506, and 323 read with Section 34 of the Indian Penal Code (IPC) for misbehaviour, verbal abuse, and physical assault. He was sentenced to sit before the board for a day, and was fined ₹600.
In 2024, he applied for a job at SIS Case Services Ltd., Raipur, which required him to submit a character certificate. The Superintendent of Police, Balodabazar, issued the certificate on July 9, 2024, disclosing his juvenile conviction. The disclosure adversely impacted his employment prospects, leading him to challenge the action before the high court. However, the high court dismissed his plea, stating that he should seek remedies to challenge the conviction itself, rather than questioning the disqualification it caused.
The Supreme Court, while overturning the high court’s decision, noted that the man was not questioning the conviction itself but the persisting stigma and prejudice arising from its disclosure in official documents.
The court also mandated that public bodies, including the police, must adhere to Section 24 and ensure juvenile conviction records do not result in disqualification, except under certain exceptional circumstances permitted by the JJ Act.
