The National Human Rights Commission (NHRC) has sought a report from Etah district police about a recent incident of suicide by a minor boy after he was sent to a jail as an adult on charges possessing drugs.
Besides, the NHRC has also directed its investigation division to conduct an on-the-spot inquiry into the case.
In a statement issued on Thursday, the NHRC said that it had directed the SSP of Etah to have the allegations probed by a senior police officer and submit an action taken report within four weeks.
The rights panel said it had taken cognisance of a complaint, accompanied by a news clipping, that a 15-year-old minor boy, unable to bear the torture of being sent to a jail as an adult on charges of drug possession, committed suicide, when released on bail after three months in Etah, on September 21.
It further said that the boy was arrested by Etah police in connection with drug possession and was sent to the district jail, instead of being produced before a Juvenile Justice Board.
The boy's father had alleged that his son was illegally arrested and tortured to extort money by the police.
The NHRC directed the SSP of Etah to get the allegations inquired into, keeping in mind some points, including what protocol was being followed for assessing the age and date of birth of the accused by the police. It said that according to Rule 7 and Section 94 (c) of Juvenile Justice (Care and Protection of Children) Act (JJ Act), date of birth was the primary proof of age.
Therefore, under what circumstances was the juvenile treated as an adult, the panel has asked the police. Non-consideration of the matriculation certificate as proof of the date of birth was in violation of the judgment in the ‘Ashwani Kumar Saxena vs. State of MP (2012) 9 SCC 750’. Therefore, under what circumstances this was ignored, it said.
The NHRC directed its investigation division to conduct an on-the-spot inquiry, analyse the case and suggest institutional measures, which could be recommended to the government to ensure children were not treated as adults for prosecution. The investigation division has also been directed to look into the role played by all stakeholders in this case, including the judge before whom the child was produced within 24 hours of arrest and the role of the doctor who examined the child.
The probe team has been asked to submit its report within six weeks.