Subject: Complaint for enforcement of Juvenile Justice (Care and Protection) Act, 2000 with regard to 14-year-old Ms Mayanti Raj Kumari of Pandrani village of Gumla district of Jharkhand who has been arrested under POTA and being held in jail since July 2002.

Dear Justice Anand,

I am writing to seek the immediate intervention of the National Human Rights Commission to direct the State government of Jharkhand to transfer 14-year-old Ms Mayanti Raj Kumari of Pandrani village of Gumla district of Jharkhand who is presently being held in jail to juvenile homes.

Asian Centre for Human Rights believes that an immediate intervention would be in consonant with the spirit of the NHRC's notice to the Chief Secretaries/ Administrators of all the States and Union Territories on the implementation of Juvenile Justice Act.

Ms Meyanti Raj Kumari, a student of Class VII student was arrested on 19 July 2002 under Sections 121A and 122 of the Indian Penal Code and Prevention of Terrorism Act, 2002. The FIR reportedly says Mayanti was part of a group of "17-18" MCC ultras planning to launch an attack at a roadside dhaba, 18 km from her Government school near Pandrani village. Police, who are yet to file a chargesheet in the case, claim they had got a tip-off about the meetings. "As soon as they saw the police, the ultras began to flee," says the FIR.

According to Etwa, father of Meyanti Raj Kumari, "Mayanti had gone after school to her grandparents' house in Sisai. While she was about to board the bus at Sisai to return home, police nabbed her".

Case law:

The Madras High Court in its judgement in G Prabakaran case held the Juvenile Justice Act will prevail over the POTA if the accused are minor. Madras High Court stated, "The rights of a child are an integral part of human rights, yet the protagonists of human rights hardly ever focus their attention on the exploitation and abuse of the rights of children….

'The POTA court, in the present case, has exceeded its jurisdiction and trespassed into another territory and the mischief has to be undone.'' Please find enclosed the relevant press clipping on the Madras High Court judgement in the G Prabhakaran case.

Appeal

It is clear that Meyanti Raj Kumari should have been granted bail even at the time of arrest or kept in an observation home and produced before the Juvenile Justice Board. Therefore, continued detention of 14-year-old Ms Mayanti Raj Kumari in jail violates the provisions of the Juvenile Justice (Care and Protection Act) 2000 and India's obligation as a ratifying party to the International Convention on the Rights of the Child. It also violates United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules).

Honourable, Chairman there are many children who are being tried under POTA and other legislation in violation of the Juvenile Justice (Care and Protection) Act across the country. Yet, due to the lack of attention, they are seldom brought to the attention of the judicial and quasi-judicial bodies.

It is essential that NHRC at least expeditiously intervenes in the cases that are brought to its attention to ensure no further violations of the rights of the child are permitted.

Asian Centre for Human Rights therefore makes the fervent appeal for your personal intervention in the case of 14-year-old Ms Mayanti Raj Kumari and take the following measures:

- Direct the State government of Jharkhand to immediately transfer Ms Mayanti Raj Kumari to juvenile homes;

- Direct the state government of Jharkhand to provide compensation for Rs 100,000 to Ms Meyanti Raj Kumari for the failure to transfer her to juvenile homes; and

- Direct that any legal measures against Ms Mayanti Raj Kumari be conducted under the Juvenile Justice (Care and Protection Act, 2003.

Looking forward to your intervention.

With kind regards,

Yours sincerely

Suhas Chakma
Director