Security Agencies arrest a minor for carrying out blasts: Child Rights violations continue unabated

March 2010

Gross violation of rights of minors by security forces in the name of fighting terrorism continue unabated. In the so-called ‘encounter’ at Batla House, Md Sajid, a 17-year-old boy was shot dead by the Special Cell team. More recently, another minor, Md. Salman has been arrested by the Uttar Pradesh ATS from Siddharthnagar on 6 March 2010 and is presently in the custody of the Delhi Police. While news reports (based on police sources) claimed that Salman is 21-years-old, his High school certificate clearly shows that his date of birth is 03/10/92 (ie., third October, Nineteen Ninety two), conclusively establishing that he is a minor. ( Click Here for High School Certificate )

Therefore, Md Salman ought to be covered under the Juvenile Justice Act 1986. We strongly object to the remand of the boy granted to the Delhi Police, especially since the specific purpose of the remand is “interrogation”. A minor cannot be left unprotected in the hands of an agency, which has unbridled powers of inflicting violence—we are only too aware how ‘interrogation’ routinely involves brutal mental and physical torture. 

Furthermore, the sensationalist news stories appearing in the media (again fed by the police agencies) alleging Salman’s involvement in terrorist activities from 2007 onwards (when he would have been merely 14-years-old) and the publication of his photographs where he appears handcuffed and surrounded by police personnel are in stark violation of the Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) as amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (33 of 2006)., which states that:

“Prohibition of publication of name, etc., of juvenile or child in need of care and protection involved in any proceeding under the Act-(1) No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law … shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child shall nor shall any picture of any such juvenile or child shall be published … (2) Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees”.

JTSA immediately wrote to the Special Commissioner on Juvenile Justice, Harsh Mander urging him to consider this case with the extreme urgency that it demands. JTSA fears that deliberate lies and misinformation may rob a minor of his basic rights.
On 15th March 2010, following an appeal by Salman’s counsel, the Chief Metrpolitan magistrate, Ms. Kaveri Baweja, ordered the All India Institute of Medical Sciences (AIIMS) to determine Salman’s age within a week. In what has become fairly typical of AIIMS, which bends over backwards to please the Intelligence and security agencies, the Institute in its report submitted to the CMM claimed Salman to be between 25-26 years of age!  Obviously not satisfied by the AIIMS claims, the court then issued notices to the principals of two schools—Mahadev Inter College, Azamgarh in Uttar Pradesh, and Brihan Mumbai Mahanagar Palika School, Mumbai--which Salman had been enrolled in to appear before it.